The plaintiff brought a motion to strike the defendants' reply factum filed on a motion for leave to appeal.
The Divisional Court held that under Rule 61.03.1(11), a reply factum is only permitted where a new issue is raised by the responding party, not merely to provide a different perspective or reinforce points already made.
Finding that the reply factum addressed issues central to the leave motion rather than new issues, the court ordered the reply factum struck from the record.
