In what circumstances will the court strike evidence in a pleading?
Ontario, Canada
The following excerpt is from Pineau et al v. Ontario Lottery and Gaming Corp., 2011 ONSC 5822 (CanLII):
Similarly, though the use of this rule to strike evidence should be reserved for the clearest cases of transgression (see Metro Label v. Kanish (2010) ONSC 2266), when there is a clear case, the court should not hesitate to strike a pleading with leave to amend.
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