Alberta Court Of Queen's Bench Denies Application To Strike Embarrassing Pleadings

In Chalifoux v Greenough, Justice Clackson clarified that even when statements or allegations of fact used in pleadings are "sensational and embarrassing," they may still be appropriately included. In the decision, the defendants sought to strike out certain paragraphs of the plaintiff's statement of claim, on the basis that the paragraphs were "frivolous, irrelevant, embarrassing, sensational, speculative, vague and conclusory." Clackson J. emphasized that as the defendants brought the application to strike the paragraphs, they had the onus of showing that each and every paragraph violated Rule 3.68 of the Alberta Rules of Court.

Rule 3.68 provides:

(1) If the circumstances warrant and a condition under subrule (2) applies, the Court may order one or more of the following: