Is material that is "clearly irrelevant" and "seriously impugns the behaviour of a party" to be struck in advance of the hearing of the motion?
Ontario, Canada
The following excerpt is from Bell ExpressVu Ltd. Partnership v. Cohen, 2005 CanLII 25945 (ON SC):
Material that is “clearly irrelevant” and that “seriously impugns the behaviour of a party” is scandalous or vexatious and properly to be struck in advance of the hearing of the motion. Albert v. YCC No. 46, [2002] O.J. No. 1798 at para. 28 (S.C.J.). Analysis
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