When will a defence be set aside in a summary application?

The allegations in paragraphs 15, 16 and 17 of the statement of claim do not fall into that category. I cannot hold at this time that those allegations will not be allowed to be proved at trial or that they will be held to be immaterial to the issues to be tried. I accept the general rule approved by Middleton, J.A., in Duryea v. Kaufman (1910), 21 O.L.R. 161; “As a general rule, I think the judge should be chary in setting aside defences in a summary application, unless the pleading is so plainly frivolous or indefensible as to invite excision. Where a matter is doubtful or difficult, it is better to leave the objecting party to demur than by a chambers order striking out to limit the other side in his right of appeal.”