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What happens after a motion to strike is denied?

If a motion to strike a complaint or cross-complaint, or portion thereof, is denied, the court shall allow the party filing the motion to strike to file an answer.

What does struck out mean in law?

Struck out means that either all or part of the claim or the defence is put to death. Its thrown out of court: brought to an end. The basic purpose of statements of case (ie particulars of claim or a defence) is straightforward. They enable the opposing party to know what case is being made against them.

What is the rule 21 motion to strike in Ontario?

Rule 21.01(1)(b) permits a motion to strike out a pleading on the ground that it discloses no reasonable cause of action or defence. A pleading will be struck if it is plain and obvious that the respondent could not succeed in the claim or defence. No evidence is admissible on a motion under Rule 21.01(1)(b).

What is a motion to strike Canada?

Motion to strike The moving party must demonstrate that it is plain and obvious that the opposing sides pleadings are deficient and disclose no reasonable cause of action or defence.

What is no cause of action defense?

No reasonable cause of action/defence For example, a cause of action that makes out a duty of care that is not based on a recognized legal duty may well disclose no reasonable cause of action: no amount of evidence called at trial could make a duty exist where it has no legal basis.

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