What constitutes a scandalous, vxatious or scandalous pleading?

Ontario, Canada


The following excerpt is from Durham v. Murray, 2011 ONSC 851 (CanLII):

In George v. Harris, 2000 CarswellOnt 1714, Ontario Superior Court of Justice, at para. 20, Epstein J. gave the following as examples of what constitutes a “scandalous”, “frivolous” or “vexatious” pleading and what ought to be rejected: (a) a document that demonstrates a complete absence of material facts; (b) portions of a pleading that are irrelevant, argumentative or inserted for colour, or that constitute bare allegations; (c) a document that contains only argument and includes unfounded and inflammatory attacks on the integrity of a party, and speculative, unsupported allegations of defamation; (d) documents that are replete with conclusions, expressions of opinion, provide no indication whether information is based on personal knowledge or information and belief, and contain many irrelevant matters.

Other Questions


Can a pleading containing claims of misrepresentation be pleaded more particularity than other pleadings? (Ontario, Canada)
What is the legal test for leaving a pleading after the close of pleadings? (Ontario, Canada)
What is the difference between the pleadings in paragraphs 32 and 33 and 33 of the pleading conclusions of law? (Ontario, Canada)
What is the test for scandalous, frivolous and vexatious pleading? (Ontario, Canada)
On a motion to strike out a pleading, can the court strike out the pleading? (Ontario, Canada)
What is the test for striking a pleading on the grounds that it is scandalous, frivolous or vexatious? (Ontario, Canada)
What are the factors that apply when a party seeks to plead to a finding that a party has not followed the 5 factors in its pleading? (Ontario, Canada)
What is the definition of scandalous, frivolous and vexatious pleading? (Ontario, Canada)
Is a plaintiff entitled to plead to plead the particulars of misrepresentation in their statement of claim? (Ontario, Canada)
What are the pleading requirements for a pleading of intentional interference with economic relations? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.