Affidavit (Strike Pleadings) (AB)

Summary

This precedent is a standard affidavit used to support an application to strike pleadings pursuant to r. 3.68 of the Alberta Rules of Court, Alta. Reg. 124/2010 ("Rules"). This precedent contains practical guidance, alternate clauses, optional clauses, and drafting notes. An application can be made under r. 3.68 of the Rules to strike a pleading on the basis that the court has no jurisdiction, the pleading discloses no reasonable claim or defence to a claim, the pleading is frivolous, irrelevant, or improper, the pleading constitutes an abuse of process, or that an irregularity in a pleading is so prejudicial to the claim that it is sufficient to defeat the claim. Alternatively, pleadings can be struck when a party to litigation fails to comply with certain rules related to document production. Typically, a General Affidavit (Form 49) (AB) is proffered as evidence to support the application. An affidavit is not permitted when the applicant claims that a pleading should be struck ...