What is the test for striking a notice of civil claim?
British Columbia, Canada
The following excerpt is from A.M. v Dr. F, 2021 BCSC 32 (CanLII):
Justice Voith (as he then was) articulated the principles to apply when striking pleadings under Rule 9-5(1) in Sahyoun v. Ho, 2015 BCSC 392 [Sahyoun]. The primary purpose of a notice of civil claim is to clearly set out the issues of fact and law to be determined in an action. A plaintiff must define the legal issues and set out a concise statement of material facts supporting each cause of action.
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