What is the test for striking a pleading on the grounds that it may prejudice or delay the fair trial of an action?
Ontario, Canada
The following excerpt is from Jane Doe v. Escobar, 2004 CanLII 20536 (ON SC):
In Brodie v. Thomson Kernaghan, supra Molloy J. indicates at p. 256 that striking a pleading on the ground that it may prejudice or delay the fair trial of an action is an exercise of discretion in which “the court engages in a balancing process with the added complexity of the pleading being weighed against the potential probative value of the facts alleged.”
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