Can a notice of civil claim be struck in whole or in part?
British Columbia, Canada
The following excerpt is from A.M. v Dr. F, 2021 BCSC 32 (CanLII):
I must determine if there is a basis to strike the notice of civil claim, in whole or in part, pursuant to Rule 9-5(1)(b) and (d). Courts should only strike pleadings as an abuse of process in the clearest of cases: Babavic v. Babowech, [1993] B.C.W.L.D. 2340 at para. 20, citing Halsbury’s Laws of England (4th ed.) Vol. 37, para. 430.
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