Motion to Strike a Document or Claim: Difference between revisions
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[[Category:Small Claims]] | [[Category:Small Claims]] | ||
[[Category:Rules of Procedure (SCSM)]] | [[Category:Rules of Procedure (SCSM)]] | ||
[[Category:SCSM-Rules]] | |||
===[https://www.ontario.ca/laws/statute/90c43/v30#BK20 Courts of Justice Act, R.S.O. 1990, c. C.43]=== | ===[https://www.ontario.ca/laws/statute/90c43/v30#BK20 Courts of Justice Act, R.S.O. 1990, c. C.43]=== | ||
Revision as of 17:27, 14 May 2020
Courts of Justice Act, R.S.O. 1990, c. C.43
12.02 (1) The court may, on motion, strike out or amend all or part of any document that,
- (a) discloses no reasonable cause of action or defence;
- (b) may delay or make it difficult to have a fair trial; or
- (c) is inflammatory, a waste of time, a nuisance or an abuse of the court’s process.
- (2) In connection with an order striking out or amending a document under subrule (1), the court may do one or more of the following:
- 1. In the case of a claim, order that the action be stayed or dismissed.
- 2. In the case of a defence, strike out the defence and grant judgment.
- 2.1 In the case of a motion, order that the motion be stayed or dismissed.
- 3. Impose such terms as are just.
