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Defamation 2017 BCSC 1589

Shoolestani v. Ichikawa

Application to strike a counterclaim partly succeeded: the defamation and related claims remained, but malicious prosecution was struck for lack of termination.

  • Rule 9-5 striking pleadings
  • Limitation act s.3(2) and s.4(1)
  • Relatedness/connection of counterclaim to action
  • Pleading sufficiency
  • Admissibility of affidavit evidence on strike applications
  • Relation back theory
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