Motions to Strike 2014


Course Date: April 25, 2014

Total: 5h 15min

Welcome and Introduction

Jennifer Chow — Department of Justice Canada, Vancouver

Motions to Strike: The Spectrum of Strike-like Applications

  • what is a motion to strike?
  • the different types of motions to strike
  • what are the differences between motions to strike brought in BC Supreme Court and Federal Court?
  • should I include an alternative application to the motion to strike?
  • strategic considerations for and against motions to strike
  • professionalism, ethics, and practice management concerns

Jennifer Chow — Department of Justice Canada, Vancouver
John Sullivan — Harper Grey LLP, Vancouver

Motions to Strike for Default of Rule or Order

  • default judgment by way of applications to strike

Robbie S. Fleming — Robert Fleming Lawyers, Vancouver

Networking Break

Will It Be “Plain and Obvious” That I Need to do a Motion to Strike?

  • what if my argument is really long?
  • when should one move to amend the pleadings?
  • when will summary judgment be an important complementary approach?

Daniel R. Bennett, QC — Bull, Housser & Tupper LLP, Vancouver

Motion to Strike for No Reasonable Cause of Action and Motions to Strike on Other Grounds That Allow Evidence

  • BCSC Rule 9-5(1)(a) and FC Rule 221(a): why can’t I rely on evidence?—case discussions
  • what about limitations?; will a court strike a pleading on the basis of limitations or will limitations always require a trial?
  • structure/example of a typical motion to strike argument for no reasonable cause—case discussions
  • BCSC Rule 9-5(1)(b)-(d): what are the differences between these grounds?—leading and recent case discussions
  • FC Rule 221 (b)-(f): what are the differences between these grounds?—leading and recent case discussions
  • structure/example of a typical motion to strike argument with evidence

Karen L.M. Carteri — McMillan LLP, Vancouver
K. Michael Stephens — Hunter Litigation Chambers, Vancouver

Networking Lunch 

Motions to Strike for Want of Jurisdiction

  • BCSC Rule 21-8: practical examples of when they are brought—leading and recent case discussions
  • sections 18/18.1 FC Act: practical examples of when they are brought—leading and recent case discussions
  • structure of a typical motion to strike for want of jurisdiction argument (and evidence); if the court is hearing my application, don’t they already have jurisdiction?

Gwendoline Allison — Foy Allison Law Group, West Vancouver

Motions to Strike for Want of Prosecution

  • BCSC Rule Rule 22 7(7): practical examples of when they are brought—leading and recent case discussions
  • FC Rule 221(1)(d): practical examples of when they are brought—leading and recent case discussions
  • structure of a typical motion to strike for want of prosecution argument (and evidence); how long should I wait before bringing one?

Gavin Crickmore — Hungerford Tomyn Lawrenson & Nichols, Vancouver

Networking Break

Class Actions and Motions to Strike

  • how do motions to strike fit in with the pre-certification steps?
  • other considerations unique to class actions

Tracey M. Cohen — Fasken Martineau DuMoulin LLP, Vancouver

View from the BCSC Bench

  • does access to justice mean motions to strike should only rarely be granted?; does proportionality factor in at all?
  • do judges prefer other applications rather than stand-alone motions to strike?; will the courts always strive to allow amendments?; does it make a difference if a party is self-represented or is a government?

The Honourable Associate Chief Justice Austin F. Cullen — Supreme Court of BC, Vancouver

Concluding Remarks

Jennifer Chow — Department of Justice Canada, Vancouver