Donna Marie Kraft

The court determined costs following a motion by the defendant to strike portions of the statement of claim.

Although the defendant succeeded in striking certain allegations as irrelevant or related only to a barred wrongful dismissal claim, the relief granted was significantly narrower than what was sought.

The court found the motion was necessitated by the plaintiff advancing irrelevant matters that would have unnecessarily expanded discovery and prolonged the litigation.

However, because the defendant attempted to strike substantially more material than was warranted, full costs were not justified.

Partial costs were awarded to the defendant.

The defendant brought a motion under Rule 25.11(c) of the Rules of Civil Procedure to strike portions of a statement of claim as an abuse of process following a prior order that barred the plaintiff’s wrongful dismissal and long‑term disability claims due to delay.

The plaintiff issued a revised statement of claim that removed certain paragraphs but retained factual allegations the defendant argued were tied to the barred claims.

The court held that pleadings must contain material facts rather than evidence and should avoid irrelevant allegations that would delay a fair trial.

While most of the pleading was permitted to stand, the court found certain portions were not germane to the remaining causes of action and would unnecessarily complicate the proceeding.

The court ordered limited portions of the pleading struck while otherwise allowing the claim to proceed.