OLSON LEMONS LLP v KEARL, 2012 ABQB 95
WITTMANN CJ
3.68: Court options to deal with significant deficiencies
Case Summary
The Defendants sought to strike the Claim pursuant to Rules 3.68 (2) (b), (c) and (d). The Court cited Donaldson v Farrell, 2011 ABQB 11, for the proposition that the new Rules have not changed the test articulated for striking a claim under the old Rules. The Court held that first it must determine if a “condition” as stipulated under Rule 3.68 (2) is present, and if a “condition” is present only then will the Court determine which of the four types of Orders under Rule 3.68 (1) should be applied. The Application was dismissed.
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