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Part 1 · General Provisions

16. Striking out pleadings and other documents (O. 9, r. 16)

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(1)

The Court may order any or part of any pleading to be struck out or amended, on the ground that —

(a)

it discloses no reasonable cause of action or defence;

(b)

it is an abuse of process of the Court; or

(c)

it is in the interests of justice to do so,and may order the action to be stayed or dismissed or judgment to be entered accordingly.

(2)

No evidence is admissible on an application under paragraph (1)(a).

(3)

This Rule applies to an originating application as if it were a pleading.

(4)

The Court may order any affidavit or other document filed in Court to be struck out or redacted on the ground that —

(a)

the party had no right to file the affidavit or document;

(b)

it is an abuse of process of the Court; or

(c)

it is in the interests of justice to do so.

Subregulation 1

The Court may order any or part of any pleading to be struck out or amended, on the ground that —

(a)

it discloses no reasonable cause of action or defence;

(b)

it is an abuse of process of the Court; or

(c)

it is in the interests of justice to do so,and may order the action to be stayed or dismissed or judgment to be entered accordingly.

Subregulation 2

No evidence is admissible on an application under paragraph (1)(a).

Subregulation 3

This Rule applies to an originating application as if it were a pleading.

Subregulation 4

The Court may order any affidavit or other document filed in Court to be struck out or redacted on the ground that —

(a)

the party had no right to file the affidavit or document;

(b)

it is an abuse of process of the Court; or

(c)

it is in the interests of justice to do so.

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Part 2

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