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Civil Litigation - Pleadings, Narrowing (by any Party) - General [R21.01(1)]
COMMENT
While R21 and R25 motions are most commonly used in actions (ie. lawsuits), they are also available to applications, including judicial review applications by virtue of R14.09:An originating process that is not a pleading may be struck out or amended in the same manner as a pleading. See Civil Litigation Dicta - Applications - Striking.
CASES
. Palmer v. Teva Canada Limited [SOR]
In Palmer v. Teva Canada Limited (Ont CA, 2024) the Ontario Court of Appeal dismissed an appeal against a lower court dismissal of a class action certification motion.
Here the court identifies the SOR for the certification element of 'disclosing a cause of action' [CPA s.5(1)(a)] as correctness (ie. error of law):[29] The standard of review applicable to a motion judge’s determination of law that a claim discloses no reasonable cause of action is correctness: Bowman v. Ontario, 2022 ONCA 477, 162 O.R. (3d) 561, at para. 26. . Peerenboom v. Peerenboom [SOR]
In Peerenboom v. Peerenboom (Ont CA, 2020) the Court of Appeal considered an issue of striking pleadings:[47] A decision to strike pleadings and to deny participation at trial is entitled to deference if exercised on proper principles and in the absence of a material misapprehension of the evidence: Purcaru v. Purcaru, 2010 ONCA 92, 75 R.F.L. (6th) 33, at paras. 49-50; Chiaramonte v. Chiaramonte, 2013 ONCA 641, 370 D.L.R. (4th) 328, at para. 33. Robert has failed to demonstrate any such error here. . Brown v. Williams
In Brown v. Williams (Ont CA, 2023) the Court of Appeal considered the urgency of the remedy of striking pleadings:[6] In any event, the order granted is not warranted by the prevailing circumstances. Striking a party’s pleading is not an avenue of relief of first resort: Bell ExpressVu Limited Partnership v. Torroni, 2009 ONCA 85, 94 O.R. (3d) 614, at para. 35. ...
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