In what circumstances will a pleading be struck out?
Saskatchewan, Canada
The following excerpt is from F. v. Koyl Securities Limited, 1939 CanLII 193 (SK QB):
In Rickerd and Powell v. Weber, supra, Ewing, J. is reported on p. 117, [1934] 1 W.W.R., in part as follows: “Several grounds for striking out the counterclaim are alleged. The first is that the counterclaim is scandalous and tends to prejudice, embarrass or delay a fair trial of the action. It is at once apparent that if the allegations contained in the counterclaim are true they are not scandalous, at least in the sense in which that term is used as a ground for striking out a pleading.”
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