PRACTICE |
Pleadings |
Motion to Strike |
Air Spray (1967) Ltd. v. Canada
T-2293-97
Hargrave P.
9/2/00
9 pp.
Motion to strike out statement of claim on basis of argument pleaded two years ago as defence--Present continuation of pre-trial conference procedure arising out of pre-trial conference requisition of March 25, 1999--Defendants having instructed new counsel to bring heavy- duty motion, only four weeks from trial date, to strike out statement of claim on jurisdictional, res judicata, issue estoppel argument--Clients issuing such last-minute instructions should have fortitude to come to pre-trial conference, explain such last-minute change of instructions--Much confusion, inconvenience to prejudice to plaintiff who brought recalcitrant defendants up to trial date--Where estoppel, res judicata pleaded in defence, filing of defence not bar to motion to strike out--To strike out motion at that stage would deny plaintiffs chance of going to trial judge where relief at issue might be within latter's discretion, ought to be heard by him--Issue ought to be allowed to go to trial--Defendants should be enjoined from bringing disruptive, delaying striking out motion at such late date which will, in all likelihood, deprive plaintiff of having case heard at least another year--Motion dismissed.