Sentences with phrase «to strike the pleadings»
"To strike the pleadings" is a legal term that means to completely disregard or remove a party's entire set of arguments or claims in a lawsuit. It basically erases their side of the case, as if it never existed. Full definition
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.
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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]
InEustace, the ONCA confirmed that judges can not strike pleadings of their own initiative, absent a motion by one party for such relief.
NOW COMES PLAINTIFF BELCOM COMPUTER COMPANY, INC. («Belcom»), and files this its Opposition to Defendant Worldwide Telco, Inc.'s («Worldwide's») Motion to Dismiss or, in the Alternative, to Strike Pleadings Based on Plaintiff's Violation of This Court's June 13, 2003 Order («Worldwide's Motion to Dismiss»), and for its Opposition, Belcom would respectfully show unto this Honorable Court as follows:
The defendants moved to strike the pleadings against them, respectively.
«[35] In dealing with the matter, I was somewhat struck by the fact that there was no application to strike the pleading pursuant to Rule 19 (24), given the state of the statement of claim.
No warning was required before striking pleading since plaintiff failed to comply with directions and orders and failed to provide a reasonable excuse for - non-compliance
-- Machanda v. Thethi is a good precedent if you want to strike pleadings for non-compliance with a disclosure order.
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 as to «how» the defendants infringed the claims.
Chief Justice Richards was highly critical of an earlier Chambers decision to strike the pleadings of a SRL couple finding «no cause of action» — and further critical of the conflation the Chambers judge seemed to make between a finding of «no cause» and «vexatiousness».
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.
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.
Eventually, the judge issued the order posted at Lat's site that notified the parties that «such deceitful conduct would not be tolerated» and that if observed again, the court would strike the pleadings.
Rennie J. ruled that the Commissioner's geographic market was sufficiently discernible to survive a motion to strike pleadings.
Also, the husband's bankruptcy had occurred before the motion to strike his pleadings was fully concluded.
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.
That non-enforceability stripped the court of its legal justification to strike his pleadings.
The case conference judge struck the pleadings on her own initiative, despite the fact that there was no motion to strike pleadings before her.
The wife renewed her motion to strike the pleadings and it was granted on September 24, 2014.
The motion judge granted a further extension to produce the disclosure rather than strike the pleadings.
They stated that the power to strike pleadings should be used sparingly and only in exceptional cases.
It then worked its way up to the Supreme Court of Canada on a motion to strike pleadings.
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.
Keywords: Torts, Conspiracy, Civil Procedure, Striking Pleadings, Limitation Periods, Discoverability, Limitations Act, 2002, s. 5 (2), Rules of Civil Procedure, r. 21.01
A motion to strike the pleadings for being frivolous or vexatious and for disclosing no cause of action.
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.
[9] The leading case on motions to strike pleadings is Hunt v. Carey Canada Inc., [1990] 2 S.C.R. 959.