The defendants brought a pre-emptive motion to strike paragraphs 5 to 20 of the plaintiff's affidavit filed in response to a motion regarding an alleged breach of the deemed undertaking rule.
The plaintiff consented to striking paragraphs 7 to 11 and part of 19.
The court declined to strike the remaining paragraphs, finding they were not scandalous, vexatious, or an abuse of process, and held that the judge hearing the substantive motion was in a better position to determine their admissibility.
