Can pleadings under sub-rule 9-5(1)(b) or (c) be struck?
British Columbia, Canada
The following excerpt is from British Columbia (Civil Forfeiture) v. Hells Angels Motorcycle Corporation, 2013 BCSC 1003 (CanLII):
Whether pleadings should be struck under sub-rules 9-5(1)(b) or (c) requires consideration of whether they contain irrelevant facts, allegations or argument that make it impossible for an opposing party to answer and to know the case to be met. See: Ferstay v. Dywidag Systems International, 2008 BCSC 793 [Ferstay] at para. 16.
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