Motion to Strike a Document or Claim

From Riverview Legal Group
Revision as of 17:27, 14 May 2020 by P08916 (talk | contribs)

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.