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Civil Litigation Dicta - Applications - Striking Pleadings

. Jama v. The Speaker

In Jama v. The Speaker (Div Court, 2024) the Divisional Court grants a motion to dismiss/quash a JR, here on the rarely-used grounds of 'parliamentary privilege' [though it may be better characterized as an 'immunity' (see para 28), and I am categorizing it as that; 'privilege' is more accurately used as an evidence prohibition]. This motion was brought under R21.01(1)(b) ['Determination of an Issue Before Trial - To Any Party on a Question of Law'] and R21.01(3)(a) ['Determination of an Issue Before Trial - Defendant - Jurisdiction'].

Here the court cites some authority for motions to strike pleadings as being applicable to applications (here a JR), as well as to actions [R14.09]:
[17] The respondents have moved to strike out or dismiss the application for judicial review on several grounds including under r. 21.01(1)(b) and r. 21.01(3)(a) of the Rules of Civil Procedure. Motions under the above rules are available in applications as well as actions: r. 14.09; Martin v. Ontario, 2004 CarswellOnt 6385 (S.C.), at paras. 8-9.


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Last modified: 28-05-24
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