What is the test for striking out a frivolous or vexatious pleading?

Ontario, Canada


The following excerpt is from Oblates of Mary Immaculate, St. Peter's Province v. 3220605 Canada Inc. (Life Lease Associates of Canada), 2007 CanLII 36826 (ON SC):

Both parties relied on the decision in George v. Harris, (supra). I find that the Plaintiffs did not give adequate consideration to the complete paragraph 20 of the decision which reads as follows: […] It is clear that a document that demonstrates a complete absence of material facts will be declared to be frivolous and vexatious. Similarly, portions of a pleading that are irrelevant, argumentative or inserted for colour, or that constitute bare allegations should be struck out as scandalous. The same applies to a document that contains only argument and includes unfounded and inflammatory attacks on the integrity of a party, and speculative, unsupported allegations of defamation. In such a case the offending statements will be struck out as being scandalous and vexatious. In addition, documents that are replete with conclusions, expressions of opinion, provide no indication whether information is based on personal knowledge or information and belief, and contain many irrelevant matters, will be rejected in their entirety. […]

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