What is the test for striking out paragraph 18(e) of a pleading?
Ontario, Canada
The following excerpt is from Woods et al v. Jackiewicz et al, 2013 ONSC 519 (CanLII):
Paragraph 18(e) contains bare allegations of poor judgment and inadequate skills. As Epstein J. (as she then was) stated in George v. Harris, [2000] O.J. No. 1762, at para. 20: It is clear that a document that demonstrates a complete absence of material facts will be declared to be frivolous and vexatious. Similarly, portions of a pleading that are irrelevant, argumentative or inserted for color, or that constitute bare allegations should be struck out as scandalous.
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