What is the test for "unnecessary, scandalous, frivolous or vexatious" pleadings in Rule 9-5(1)?
British Columbia, Canada
The following excerpt is from Huang v. Silvercorp Metals Inc., 2016 BCSC 278 (CanLII):
In Carr v. Cheng, 2007 BCSC 997, Mr. Justice Smith summarized the meaning of the words "unnecessary, scandalous, frivolous or vexatious" in what is now subparagraph (b) in Rule 9-5(1). It is apparent from his summary that something more than superfluous must be established. That 'something more' includes pleadings that are so confusing that it is difficult to understand what is being pleaded, so irrelevant that they will involve the parties in useless expense, or otherwise materially prejudicial in some other manner (para. 19).
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