Is a lack of precision in a pleading sufficient to strike the pleading?

British Columbia, Canada


The following excerpt is from Foresters Life Insurance Company v Bingham Group Services Corp., 2019 BCSC 556 (CanLII):

With respect to the Individual Defendants’ argument regarding a lack of particularization of the allegations, a lack of precision is not a proper basis to strike the pleading. As noted by Justice Frankel in Chang Estate v. Chang, 2010 BCCA 111 at para. 50: …Rule 19(11) [now Rule 9-5(1)] must be read in light of Rule 19(11.1) which states that “particulars need only be pleaded to the extent that they are known at the date of pleading, but further particulars may be delivered after they become known”...

Other Questions


Does the decision not to permit further amendments before striking pleadings before striking the pleadings is discretionary? (British Columbia, Canada)
What is the test for an application to strike a claim because it fails to plead sufficient facts? (British Columbia, Canada)
What are the relevant factors for striking a pleading? (British Columbia, Canada)
In what circumstances will a judge strike a plaintiff's pleadings? (British Columbia, Canada)
What is the legal test of legal sufficiency on an application to amend a pleading under Rule 9-5(1)(a)? (British Columbia, Canada)
What is the effect of striking a pleading in a civil case? (British Columbia, Canada)
What is the test for striking a Defendant's pleadings? (British Columbia, Canada)
What is the test for striking out pleadings in a class action? (British Columbia, Canada)
What is the test for striking a pleading under R. 9-5(1)(b)? (British Columbia, Canada)
What is the case law in favour of striking a reply pleading? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.