Affidavit (Strike Pleadings) (BC)

Summary

This precedent is a standard affidavit supporting a notice of application to strike pleadings in the Supreme Court of British Columbia. This precedent includes practical guidance, drafting notes, alternate clauses, and optional clauses. An application to strike out pleadings is prepared pursuant to r. 9-5(1) of the Supreme Court Civil Rules, B.C. Reg. 168/2009 ("Rules"). If the basis of the application is that the pleadings disclose no reasonable claim or defence, affidavit evidence is normally not permitted (Rules, r. 9-5(1)(a)). However, affidavit evidence may be permitted if the application is based on the grounds that the claim or defence is an abuse of process, is unnecessary, frivolous, or vexatious, or may embarrass or delay the fair trial of the action (Rules, rr. 9-5(1)(b)-(d)). An affidavit in support of an application to strike pleadings may be in Form 109 and must:• be expressed in the first person;• state the full name of the deponent, and whether the deponent is a party ...