In what circumstances will a judge strike a plaintiff's pleadings?
British Columbia, Canada
The following excerpt is from Gamble v. Canada (Attorney General), 2011 BCSC 1698 (CanLII):
In Jensen v. MacGregor et al, 1992 CanLii 2167, Madam Justice Sinclair Prowse considered an application to strike pleadings in the context of a claim that legal advice given to and followed by one estranged spouse damaged the other estranged spouse and their children. At pages 3 and 4 of the decision she stated: With respect to the application pursuant to Rule 19(24)(a) to succeed the defendants must establish that the pleadings presently (and even if amended) , absolutely beyond doubt, do not disclose a plausible argument to be heard at trial [citations omitted]; that the facts as pleaded or as amended disclose no cause of action; and that the pleadings disclose no arguable issue and therefore it is plain and obvious that the claim cannot succeed. Moreover, if the case involves an investigation of a serious question of law or questions of general importance or if the facts are to be known before the rights are definitely decided, this Rule ought not to be applied.
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