Podcast
Questions and Answers
What is the first step to take after receiving written notice pointing out irregularities?
What is the first step to take after receiving written notice pointing out irregularities?
A party can apply to court for an order to compel compliance if the excipient remains non-compliant after 10 days.
A party can apply to court for an order to compel compliance if the excipient remains non-compliant after 10 days.
True
What must a party do if they wish to amend their pleadings?
What must a party do if they wish to amend their pleadings?
Submit a notice of intention to amend with details of the amendment.
What is one of the reasons an exception can be made to strike out allegations?
What is one of the reasons an exception can be made to strike out allegations?
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The application to strike out a claim must demonstrate that the statements are ______, vexatious, or irrelevant.
The application to strike out a claim must demonstrate that the statements are ______, vexatious, or irrelevant.
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The purpose of pleading is to define the plaintiff's case only.
The purpose of pleading is to define the plaintiff's case only.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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What are declarations filed by the plaintiff meant to provide?
What are declarations filed by the plaintiff meant to provide?
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An app to set aside as irregular step addresses breaches of __________.
An app to set aside as irregular step addresses breaches of __________.
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Match the following concepts with their descriptions:
Match the following concepts with their descriptions:
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Study Notes
Exception Procedure
- To raise an exception, a party must identify the ground for the exception
- If the ground is "vague and embarrassing," the party must notify the opponent and request clarification/correction within the given timeframe
- If the opponent fails to rectify the issue, a notice of exception must be filed
- If the ground is "failure to disclose a cause of action," the party must file a notice of exception directly
- After the notice of exception is filed, the court sets a hearing date
- The party raising the exception must appear at the hearing
- The hearing takes place as per the court's rules
- If the opposing party fails to amend or correct their pleading, the court will take appropriate action.
Application to Strike Out
- An application to strike out pleadings is filed with the court if a party believes a statement is scandalous.
- Such statements need correction.
- The applicant will be prejudiced by the scandalous statement
- See meanings on p235 for 4.3
Application to Set Aside as Irregular
- This is a "step" that advances the proceedings toward completion.
- Examples are listed in the text.
Enforcement & Conditionally
- Notice to compel compliance with rules is provided to the opposing party if they fail
- A party may seek the court's condoining action for non-compliance.
- See the rule numbers for further details.
Amendment of Pleadings
- A notice of intention to amend will be given detailing the amendment.
- Objections can be filed against the amendment
- An effect is given to the amendment
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Description
Test your knowledge on the procedures for raising exceptions and applications to strike out scandalous pleadings in court. This quiz covers essential points, including proper notification, hearing protocols, and the roles of the parties involved in these legal processes.
