Can an application to strike a plaintiff’s pleadings in the context of allegations of conspiracy be struck?

British Columbia, Canada


The following excerpt is from Olenga v. ICBC et al, 2005 BCSC 1015 (CanLII):

In Kealy v. Canada, 2003 FCJ 972, the court dealt with an application to strike the plaintiff’s pleadings in the context of allegations of conspiracy on the basis that the statement of claim disclosed no reasonable cause of action and was frivolous or vexatious. In concluding that the claim should be struck the court observed that the statement of claim at issue made no allegations “setting out the circumstances of the alleged conspiracy, such as the existence of an agreement between any of the defendants to injure the plaintiff or the means used by them to carry out the alleged conspiracy.”

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