Is a motion to strike a portion of the pleadings under Rule 21 or 25 distinct from a motion for partial judgment under Rule 20?
Ontario, Canada
The following excerpt is from Urban Mechanical Contracting LTD v. Broccolini Construction (Toronto) Inc. et al., 2019 ONSC 7385 (CanLII):
The issues to be addressed in a motion to strike a portion of the pleadings under Rules 21 or 25, are distinct from a motion for partial summary judgment under Rule 20. Additionally, a summary judgment motion is decided on the basis of an evidentiary record, while a pleadings motion is not; see Whiteman v. Iamkhong et al., 2013 ONSC 2175, at paras. 40-44.
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