The Court can strike out or expunge all or part of a party’s pleading or other document in certain circumstances. Those circumstances are – if the pleading or other document:
(a) may prejudice or delay the fair hearing of the action;
(b) is scandalous, frivolous or vexatious; or
(c) is an abuse of the process of the Court.
It is important to note that the Court may do so “with or without leave to amend.” With leave to amend means that the party whose pleading or document is under attack will get a second chance to make things right by replacing the pleading or document, or part thereof, with another version. Without leave to amend means that the party affected will not get the opportunity to substitute the pleading or document, or part thereof, with another version.
Last updated: October 4, 2015