“Rule 25.11 of the Rules of Civil Procedure provides that the court may strike out all or part of a pleading on the basis that it (a) may prejudice or delay the fair trial of the action, (b) is scandalous, frivolous or vexatious, or (c) is an abuse of process.
In B. (A.) v. Halton Children’s Aid Society, 2016 ONSC 6195, Master Pope, at para. 29, set out the principles that apply on a motion under rule 25.11 to strike out a pleading. These principles include that the court must read the pleading in context with a generous eye and only strike it out if it is plain and obvious that the pleading must fail at trial. The moving party has a heavy burden, and motions under rule 25.11 should only be granted in the clearest of cases.
In Renzone v. Onyx Homes Inc., 2020 ONSC 7722, Master Josefo, at para. 15, held that it is settled law that referring to settlement offers or discussions which are subject to settlement privilege are subject to being struck as scandalous, frivolous or vexatious given that such communications are inadmissible.”