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Litigation

What is a motion to strike a pleading and when can a judge use it in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

A motion to strike asks a judge to remove all or part of a claim or defence before the case gets to trial, usually because the pleading is legally deficient rather than because the underlying facts are in dispute. Ontario's Rules of Civil Procedure let a party bring this motion where a pleading discloses no reasonable cause of action or defence, is scandalous, frivolous, or vexatious, is an abuse of the court's process, or fails to meet basic pleading requirements such as pleading facts instead of bare conclusions. The judge generally takes the pleaded facts as true for this exercise and asks whether, even so, the claim or defence has no realistic chance of succeeding in law.

If a pleading is struck, the judge often allows the party a chance to amend and refile rather than ending the case outright, unless the defect can't be fixed. Because this motion targets how a claim is framed rather than the evidence behind it, it's most useful early, before both sides invest in discovery. A poorly drafted claim or defence that survives this stage still has to be proven later; surviving a motion to strike is not the same as winning.

Key takeaways

  • A motion to strike challenges how a claim or defence is pleaded, not whether the facts are true.
  • Courts generally assume the pleaded facts are true and ask if the claim has no realistic chance in law.
  • A struck pleading can often be amended and refiled rather than ending the case.
  • Surviving this motion doesn't mean the claim will succeed at trial — it just clears an early hurdle.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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