Order (Strike Pleadings) (BC)

Summary

This precedent can be used to draft an order to strike out pleadings in the Supreme Court of British Columbia. This precedent has been prepared in accordance with the Supreme Court Civil Rules, B.C. Reg. 168/2009 ("Rules") and includes practical guidance, drafting notes, optional clauses and alternate clauses. An application to strike out pleadings is prepared when a party intends to address the deficiencies in the other party's pleadings on one of four grounds set out in r. 9-5(1) of the Supreme Court Civil Rules, B.C. Reg. 168/2009 ("Rules"). This order can be used by the successful applicant to set out the decision of the court. You must draft your own order in accordance with r. 13–1 of the Rules. Form requirements are outlined in r. 13–1(3) of the Rules and state that orders after an application must use the form Order Made After Application (Form 35) (BC). Form 35 contains the following: • the name of the judge or judicial officer who made it; • the date on which it was made; and...