What is the test for striking out a statement of claim and action?
British Columbia, Canada
The following excerpt is from Tepper v. Dengin, 2014 BCSC 288 (CanLII):
In Ebrahim v. Ebrahim, 2002 BCSC 466, aff’d 2003 BCCA 94, Madam Justice Gill considered whether the statement of claim and action should be struck out on the basis that the matter was vexatious. She stated:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Does a bank have the authority to strike out certain parts of its statement of claim relating to derivative claims? (British Columbia, Canada)
Can a party plead inconsistent claims in the statement of claim and defence to a counterclaim? (British Columbia, Canada)
What is the test for a claim for breach of contract arising out of a statement in a property disclosure statement? (British Columbia, Canada)
What is the test for striking out a statement of claim under Rule 19(24)(a)? (British Columbia, Canada)
In what circumstances will a statement of claim be struck as disclosing no reasonable cause of action? (British Columbia, Canada)
In what circumstances will defence counsel be allowed to strike out a statement of claim? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
What is the test to strike a statement of claim under Rule 9-5? (British Columbia, Canada)
Does a wilfully false statement in a motor vehicle accident claim constitute material material to another claim? (British Columbia, Canada)
