OLSON LEMONS LLP v KEARL

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.