Striking out a Claim or a Defence

You can apply to ask the court to strike out your opponent's claim if you consider it is "vexatious" (mischief making), "scurrilous" (insulting), or "ill-founded" (wrong). This will mean the claim will not proceed.

Or you may apply to strike out your opponent's defence if it consists only of a bare denial with no facts, or if the facts could not possibly amount to a defence.

This will mean that you may then be able to enter judgment against your opponent.

You should use an Application Notice Form to apply and file a statement / affidavit in support if you want to draw the judge's attention to a number of facts in support of your application.

There will be a hearing at which time the judge will decide whether to make a "Striking Out Order". Your opponent can also file evidence setting out his / her position.

The judge can decide to strike out a claim or defence even if you or your opponent do not apply if the judge considers any of the above grounds apply.
 

Enforcement of a small claim judgment

Small Claims Court

 

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