What are the relevant factors for striking a pleading?
British Columbia, Canada
The following excerpt is from XY, LLC v. Canadian Topsires Selection Inc., 2015 BCSC 988 (CanLII):
In Schwarzinger v. Bramwell, 2011 BCSC 304 the court listed the relevant factors in deciding whether to strike a pleading. I have considered the relevant factors, including that this is a draconian remedy and that parties are often entitled to a second chance. I have considered the proportionality of this action, whether there is an alternative remedy, and finally, the lack of explanation or justification for the default.
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