motion to strike
📖 O que é motion to strike? Significado e conceito
A motion to strike is a procedural step taken early in a lawsuit, typically by a defendant, to challenge the legal sufficiency of the plaintiff's claim. The party bringing the motion argues that even if all the facts alleged by the plaintiff are true, the claim still fails to establish a valid legal basis for a lawsuit. This can happen if the allegations are vague, inconsistent, or do not meet the legal requirements for a particular type of claim.
When a court hears a motion to strike, it generally assumes that the factual allegations made in the statement of claim are true. The court's role is not to weigh evidence or decide the merits of the case, but rather to determine if the claim, as written, has a reasonable chance of success in law. If the court finds the claim to be frivolous, vexatious, or disclosing no reasonable cause of action, it may grant the motion and strike the claim.
Decisions on motions to strike are considered discretionary, meaning the judge has some flexibility in making their ruling. If a party disagrees with the judge's decision, they can appeal it. However, an appellate court will only overturn such a decision if the judge made a legal error or a 'palpable and overriding error' in their assessment. Sometimes, if the deficiencies in a claim are minor, the court might allow the plaintiff to amend their statement of claim to fix the issues, but in other cases, the deficiencies might be so severe that no amendment can cure them.
📋 Requisitos
- Allegations are frivolous and vexatious
- Allegations disclose no reasonable cause of action
- Allegations are not founded on material facts
- Allegations are incoherent conjecture, bald declarations, incomprehensible, vague, or inconsistent
- The claim attempts to re-litigate issues already decided (res judicata or abuse of process)
📝 Procedimento
- A party (often the defendant) files a motion to strike the statement of claim.
- The motions judge reviews the statement of claim and the arguments presented.
- The judge assesses whether the allegations are legally sufficient, assuming the facts are true.
- The judge determines if the claim is frivolous, vexatious, or discloses no reasonable cause of action.
- The judge issues a decision, which may include striking the claim, dismissing the motion, or allowing amendments.
💡 Exemplos
- A defendant brings a motion to strike a class action claim, arguing that the plaintiff's allegations about misleading recyclable bag claims have already been decided in a previous case.
- A court strikes a plaintiff's claim because their allegations of being under constant radiation attacks are deemed incoherent conjecture and not based on any material facts.
- A motion to strike is dismissed because, at an early stage, the court must take the factual allegations as true and cannot decide the merits without evidence.
- A judge finds that a statement of claim's deficiencies are so severe that no amendments could fix them, leading to the claim being struck.
📚 Base legal
- Federal Courts Rules, S.O.R./98-106
❓ Perguntas frequentes
What does it mean if a judge grants a motion to strike?
If a judge grants a motion to strike, it means that all or part of your legal claim has been removed from the court record because it was found to be legally flawed, frivolous, or without a reasonable cause of action. This can lead to the dismissal of your case.
Can I appeal a decision on a motion to strike?
Yes, decisions made on motions to strike are subject to appeal. However, an appellate court will only overturn the decision if the original judge made an error of law or a 'palpable and overriding error' in their judgment.
Does a motion to strike consider evidence?
Generally, at the stage of a motion to strike, the court does not consider evidence. It takes the factual allegations in the statement of claim as true and assesses only the legal sufficiency of the claim itself, not its factual merits.
What is the difference between a motion to strike and a summary judgment motion?
A motion to strike happens early in a case and assesses if a claim has a legal basis assuming its facts are true, without evidence. A summary judgment motion, which occurs later, requires evidence to decide if there is a genuine issue for trial, potentially resolving the case on its merits without a full trial.
What does 'frivolous and vexatious' mean in this context?
In the context of a motion to strike, 'frivolous and vexatious' means that the claim is clearly without merit, brought to annoy or harass, or is an abuse of the court's process, lacking any serious legal foundation.
Can I amend my statement of claim if a motion to strike is brought against it?
Sometimes, if the deficiencies in your statement of claim are minor, the court may allow you to amend it to correct the issues. However, if the problems are severe and cannot be cured by amendments, the claim may still be struck.