What is the legal test for striking out a pleading?

Yukon, Canada


The following excerpt is from Holmes v. Matkovich, 2007 YKSC 5 (CanLII):

The remedy of striking out a pleading is reserved for the most serious cases. As stated by Southin J., in Homer Estate v. Eurocopter S.A., 2003 BCCA 229, at paragraph 4, Rule 2 permits the court to strike out a pleading but it is reserved for “the most egregious of cases because it deprives the litigants of a trial on the evidence.” In that case, the remedy was not applied despite the fact that the defendants had not met the requirements of the rules of discovery “with that precision and sense of duty that one expects of a litigant.”

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