InEustace, the ONCA confirmed that judges can not
strike pleadings of their own initiative, absent a motion by one party for such relief.
Not exact matches
The Arbitrator (i) shall apply internal laws
of the State
of New York consistent with the Federal Arbitration Act and applicable statutes
of limitations, or, to the extent (if any) that federal law prevails, shall apply the law
of the U.S., irrespective
of any conflict
of law principles; (ii) shall entertain any motion to dismiss, motion to
strike, motion for judgment on the
pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules
of procedure, as applicable; (iii) shall honor claims
of privilege recognized at law; and (iv) shall have authority to award any form
of legal or equitable relief;
The
striking biblical passage that concludes the page devoted to St. Fidelis in The One - Year Book
of Saints is Luke 22: 31 — 32: «Simon, Simon, Satan has asked to have you, to sift you like wheat, but I have
pleaded in prayer for you that your faith should not completely fail.
Australian backrow Dean Mumm will miss his country's opening game
of their European tour after
pleading guilty to a charge
of striking and being handed a one - week suspension.
Though not exactly a friend
of progressives — this summer he'll be tried on felony and misdemeanor charges related to his handling
of a fatal police shooting case (he has
pleaded not guilty)-- he did
strike a short - lived deal with Walmart last year stipulating that two
of its stores would not contact law enforcement regarding shoplifting incidents unless the loss exceeded $ 100.
The court expressed surprise that the three couldn't «notice» the clear and adequate particulars the Plaintiff is
pleading for including the reliefs sought before filing this motion to ask the court to
strike out the case for allegedly not disclosing a cause
of action.
The Federal Government on Tuesday
pleaded with the non-Teaching Staff
of the Nigerian Universities to suspend the three months
strike they embarked upon since Dec. 10...
Gregg Allman is
pleading with director Randall Miller to cease production
of Midnight Rider, a biopic about the Allman Brothers Band leader's life, following the death
of camera assistant Sarah Jones, who was
struck by a train while filming a scene in February.
There
strikes me as a fair bit
of special
pleading in your argument.
She
pleaded guilty to third - degree insurance fraud along with the driver
of the vehicle that
struck the one she was riding in.
In Mostar Directional Technologies Inc. v Drill - Tek Corporation et al., 2017 FC 575, on a motion to
strike brought by a defendant, the Prothonotary
struck the
pleading and dismissed the case on the basis the statement
of claim
pleaded no material facts... [more]
Recently in Wouters v Wouters (2018 ONCA 26), the Ontario Court
of Appeal held that a motion judge improperly
struck the factum and
pleadings of a self - represented litigant (SRL).
Sanctions can include fines, payment
of attorneys» fees, adverse inference instructions to the jury, evidentiary preclusion,
striking a
pleading or granting a default judgment against the spoliator.
The Judge noted that while he has jurisdiction to
strike out a party's
pleadings under Rule 14 (23)
of the Family Law Rules, this would be inappropriate in the unusual circumstances
of this case (since the matter would be going to trial).
Finally, LawPRO successfully argued for the
striking out
of a
pleading on the basis that it disclosed no cause
of action against a litigation lawyer.
The judge summarily
struck out the defendant's
pleaded abuse -
of - process remedy, during the defendant's attempt to explain this remedy to the jury during opening statements.
The defendant applied to have aspects
of the relief sought
struck out on the ground that the claimant was not entitled to the breadth
of injunctive and declaratory relief
pleaded.
If the court orders a more definite statement and the order is not obeyed within 14 days after notice
of the order or within the time the court sets, the court may
strike the
pleading or issue any other appropriate order.
Those
pleadings that contain no cause
of action known at law, and those for which there is no basis in the context
of the Plaintiff's circumstances, must be
struck out without leave to amend.
Also in the last couple
of years, Justice Mosley, in NOV Downhole Eurasia Limited v. TLL Oil Field Consulting, 2014 FC 889, considered whether a
pleading ought to be
struck that referred to the file history to defend against infringement arguing that a feature added during prosecution and appearing in each
of the claims did not exist in their device.
Along these lines, it is reasonable to suggest that the Court
of Appeal's decision to state explicitly that which was not at issue before it, including «whether the
pleading against the defendant Alberta could be
struck as being frivolous or vexatious» (Ernst v. Alberta at para 9), reflects judicial scepticism.
Rennie J. found that the Commissioner's Notice
of Application
pled sufficient material facts to survive a motion to
strike.
The appellant husband appealed the order
of the motion judge
striking his
pleadings for failure to comply with court orders and allowing the wife to amend her application.
Neither could the entire action be
struck on the basis
of collateral attack although Justice Simpson did order that the
pleadings be amended so as to remove the attack on the validity
of the permits.
It added the decision to
strike pleadings is traditionally considered one
of a last resort, to be used in a proportionate manner, and where there are no other remedies.
The lawyers for Cassels Brock and Hamilton had argued the court should
strike out this claim at the
pleadings stage because Crown privilege prevents the court from inquiring into any aspect
of Harper's decisions, including any contribution to them by the Hamilton and Cassels Brock.
The Superior Court
of Justice granted the motion to
strike portions
of the Plaintiff's
pleadings which allege intentional interference with economic relations, finding that there was no reasonable possibility
of success based on the facts as
pleaded.
The Court
of Appeal recently overturned a motion judge's ruling to
strike a claim for defamation for not
pleading the requisite material facts.
The Appellant husband's
pleadings had been
struck during the lower court proceedings due to his failure to pay a costs order
of $ 2000.
This was so because, leaving aside the issue
of whether the husband's
pleadings were appropriately
struck, there was nothing to suggest that the outcome
of the uncontested trial would have been different had the husband participated.
I do not agree with this point about the procedural importance
of pleadings, not least because I have frequently seen self - represented taxpayers have
pleadings struck for inadequacies
of this nature, and what is sauce for the self - represented goose is surely even more appropriate to the well - resourced, taxpayer - funded gander.
Instead, the court pointed out that if the father was refusing to sign the Parenting Coordination Agreement then this amounted to a straightforward breach
of a prior court order, for which the mother had other established procedural remedies at her disposal, including bring a motion to
strike the father's
pleadings entirely.
Without (in my view) addressing the substance
of those claims, Campbell Miller J. simply dismissed them (as, apparently, he had dismissed earlier attempts to
strike portions
of those
pleadings) as unimportant to the substance
of his own purpose as judge.
The order also provided that failure to answer all
of the requests for disclosure by the deadline would entitle the wife to renew her motion to
strike the husband's
pleadings.
It then worked its way up to the Supreme Court
of Canada on a motion to
strike pleadings.
The husband had brought a motion before the lower court to
strike certain parts
of the wife's
pleading wherein she claimed an unequal division
of net family property due to certain extra-marital activities on the husband's part.
The lower court granted the woman's motion to
strike the man's
pleadings on the basis that the Statement
of Claim disclosed no cause
of action.
In turn, the defendants filed an application seeking a stay
of the Dixon action, or in the alternative, an order
striking out the entirety
of the plaintiffs»
pleadings in the action.
As regards standing, the most
striking aspect
of the judgment is that the Court accepted the Frente's entitlement to
plead as a «moral person», with the «necessary autonomy» to challenge a decision
of the EU legislator (paras. 50 - 53), without reference to the sui generis character
of Frente Polisario or to the unique situation
of Western Sahara.
However, choosing between Rule 9 - 3 «special case», Rule 9 - 4 «proceedings on a point
of law», Rule 9 - 5 «
striking pleadings» or the summary judgment or summary trial process under Rules 9 - 6 and 9 - 7 respectively must be approached with care.
The Court
of Appeal held that the chambers judge conflated the standard
of review for
striking a claim on a
pleadings motion (plain and obvious) with the test for determining whether a duty
of care exists (the Cooper analysis).
A motion to
strike the
pleadings for being frivolous or vexatious and for disclosing no cause
of action.
Keywords: Torts, Crown Liability,
Pleadings,
Striking Claims, Proceedings Against the Crown Act, R.S.O. 1990, c. P. 27, s. 7 (1), Local Health System Integration Act, 2006, S.O. 2006, c. 4, s. 35.1, Canadian Charter
of Rights and Freedoms
In the
pleadings motion leading to the first appeal, the respondents on the motion successfully moved to
strike all her claims against individual faculty members and against the University
of Western Ontario («UWO»), for intimidation.
On February 19th, the Ontario Superior Court
of Justice declined to
strike a
pleading that alleged a company unlawfully interfered with a competitor's economic relations by receiving confidential information about a client (BC Cancer) that was sought after by both organizations.
Keywords: Torts, Conspiracy, Civil Procedure,
Striking Pleadings, Limitation Periods, Discoverability, Limitations Act, 2002, s. 5 (2), Rules
of Civil Procedure, r. 21.01
Keywords: Torts, Negligent Investigation, Duty
of Care, Police, Wellington v. Ontario, 2011 ONCA 274, Hill v. Hamilton - Wentworth (Regional Municipality) Police Services Board, 2007 SCC 41, Civil Procedure,
Striking Pleadings, No Reasonable Cause
of Action, Rules
of Civil Procedure, Rule 21
Keywords: Civil Procedure,
Striking Pleadings, No Reasonable Cause
of Action, Rules
of Civil Procedure, Rule 2.1.01 (6), Appeal Dismissed
The Public Guardian and Tristee for BC v Johnston 2016 BCSC 1388 discusses the requirements
of proper
pleadings and when the Court may intervene to
strike out, stay the proceedings, or amend the
pleadings of a party.
Sunlea v Pollock [No 2][2015] WASC 102 Successful application to
strike out the Claimant's
pleadings that contained allegations
of unlawful means conspiracy and dishonest assistance (second limb
of Barnes v Addy).