JSC Agency Ltd. v. Ron-Rob Holdings Ltd., (1984) 36 Sask.R. 301 (QB)

• Judge: Kindred, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: December 06, 1984
• Jurisdiction: Saskatchewan
• Citations: (1984), 36 Sask.R. 301 (QB)

JSC Agency Ltd. v. Ron-Rob Holdings (1984), 36 Sask.R. 301 (QB)

MLB headnote and full text

JSC Agency Ltd. and Elwood Sharp & Associates Ladies Wear Ltd. v. Ron-Rob Holdings Ltd., Strachan and Strachan

(No. 3235)

Indexed As: JSC Agency Ltd. v. Ron-Rob Holdings Ltd.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Kindred, J.

December 6, 1984.

Summary:

The plaintiff, JSC Agency Ltd., applied to strike out a counterclaim and a set-off. The plaintiff also applied to strike out a phrase in the defendant's statement of defence and counterclaim.

The Saskatchewan Court of Queen's Bench dismissed the applications with respect to striking out the counterclaim and set-off but did strike out the phrase objected to in the statement of defence.

Practice - Topic 2200

Pleadings - Striking out pleadings - General principles - The Saskatchewan Court of Queen's Bench referred to the general principles applicable on an application to strike out a pleading (see paragraph 5).

Practice - Topic 2235.1

Pleadings - Striking out pleadings - Grounds, evidentiary or subordinate facts - In a statement of defence the defendant referred to the plaintiff as "being unable to pay its suppliers and creditors" - The Saskatchewan Court of Queen's Bench struck out the impugned words as being unnecessary, because the words concerned a subordinate or evidentiary fact (see paragraphs 8 to 10).

Cases Noticed:

Wirth v. Wirth and The City of Saskatoon (1979), 3 Sask.R. 240, refd to. [para. 5].

Marshall v. Government of Saskatchewan, Petz and Adams (1982), 20 Sask.R. 309, refd to. [para. 5].

Attorney General of Canada v. Inuit Tapirisat of Canada and the National Anti-Poverty Organization, [1980] 2 S.C.R. 735; 33 N.R. 304, refd to. [para. 5].

F. v. Koyl Securities, [1940] 1 W.W.R. 669, refd to. [para. 9].

Counsel:

J.H. Gillis, for the plaintiffs;

J.R. Beckman, for the defendants.

This application was heard by Kindred, J., of the Saskatchewan Court of Queen's Bench.

The decision of Kindred, J., was delivered on December 6, 1984.