CIVIL PROCEDURE - Pleadings - Amendment of - Statement of claim - Striking out pleadings or allegations

Law360 Canada ( October 31, 2025, 9:35 AM EDT) -- Appeal by Cary Tarasoff (Tarasoff) from a decision of Chambers judge granting an application by the City of Saskatoon (City) to strike his statement of claim (Decision). Tarasoff contended that, in the Decision, the Chambers judge erred by misinterpreting certain provisions of the Cities Act (Act), by failing to give sufficient reasons, and by not affording him the opportunity to amend his claim before striking it. Tarasoff commenced an action against the City by filing a statement of claim. In the claim, he alleged that the City was not acting in good faith or with due diligence in pursuing the proposed amendments to the Zoning Bylaw and identified various causes of action. The City applied to the Court of King’s Bench for an order striking Tarasoff’s claim on the basis that it disclosed no reasonable cause of action, that it was frivolous or vexatious, and that it was an abuse of process. The Chambers judge granted the City’s application and struck Tarasoff’s claim in its entirety. She concluded that the claim was both frivolous and an abuse of process....
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