sec.171Striking out pleadings

### sec.171 Striking out pleadings This rule applies if a pleading or part of a pleading— discloses no reasonable cause of action or defence; or has a tendency to prejudice or delay the fair trial of the proceeding; or is unnecessary or scandalous; or is frivolous or vexatious; or is otherwise an abuse of the process of the court. The court, at any stage of the proceeding, may strike out all or part of the pleading and order the costs of the application to be paid by a party calculated on the indemnity basis. On the hearing of an application under subrule (2) , the court is not limited to receiving evidence about the pleading. (sec.171-ssec.1) This rule applies if a pleading or part of a pleading— discloses no reasonable cause of action or defence; or has a tendency to prejudice or delay the fair trial of the proceeding; or is unnecessary or scandalous; or is frivolous or vexatious; or is otherwise an abuse of the process of the court. (sec.171-ssec.2) The court, at any stage of the proceeding, may strike out all or part of the pleading and order the costs of the application to be paid by a party calculated on the indemnity basis. (sec.171-ssec.3) On the hearing of an application under subrule (2) , the court is not limited to receiving evidence about the pleading. - (a) discloses no reasonable cause of action or defence; or - (b) has a tendency to prejudice or delay the fair trial of the proceeding; or - (c) is unnecessary or scandalous; or - (d) is frivolous or vexatious; or - (e) is otherwise an abuse of the process of the court.