What is the standard of review on a motion to strike?

Ontario, Canada


The following excerpt is from Wakeling v. Desjardins General Insurance, 2021 ONCA 672 (CanLII):

The standard of review on a rule 21.01(1)(b) motion to strike is correctness: McCreight v. Canada (Attorney General), 2013 ONCA 483, 116 O.R. (3d) 429, at para. 38.

A motion judge’s decision not to grant leave to amend a pleading is discretionary, and an appellate court should not interfere with it unless the motion judge erred in principle or acted unreasonably: Mortazavi v. University of Toronto, 2013 ONCA 655, leave to appeal refused, 2014 S.C.C.A. No. 190, at para. 3.

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