What is the test for striking a counterclaim?

Newfoundland and Labrador, Canada


The following excerpt is from Thorne v. College of the North Atlantic, 2021 NLSC 74 (CanLII):

On February 27, 2015, the First Plaintiff brought an Application to Strike the Counterclaim for disclosing no reasonable cause of action. This application was heard and granted on May 1, 2015 (Thorne v. College of the North Atlantic, 2015 NLTD(G) 63).

Other Questions


What are the terms "close or striking similarity" and "strikingly similar" in the context of a claim? (Newfoundland and Labrador, Canada)
What is the effect of striking the entirety of the entire action? (Newfoundland and Labrador, Canada)
What is the test for a motion to strike a pleading? (Newfoundland and Labrador, Canada)
What is the test for making a threat to strike the chairman of a meeting? (Newfoundland and Labrador, Canada)
What is the adequacy of damages assessed under the counterclaim? (Newfoundland and Labrador, Canada)
What is the nature of palpable and overriding error? (Newfoundland and Labrador, Canada)
What is the test for proportionality in disclosure of documents? (Newfoundland and Labrador, Canada)
Can new evidence be said to be adduced with reasonable diligence? (Newfoundland and Labrador, Canada)
What is the Kienapple principle? (Newfoundland and Labrador, Canada)
Is there any case law where a trial judge made a material error? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.