The defendant brought a motion to strike a paragraph in the plaintiff's reply that referenced a Transportation Safety Board (TSB) investigation into a train derailment.
In response, the plaintiff brought a cross-motion to amend the paragraph.
The court granted the motion to strike and dismissed the motion to amend, finding that the proposed amendment did not meet the requirements for a reply, pleaded evidence rather than material facts, and was scandalous and prejudicial as it improperly implied wrongdoing based on the mere existence of a TSB investigation.
