XXX COURT OF JUSTICE
SMALL CLAIMS COURT
CANADA ) Court File No.:
PROVINCE OF XXX)
89 JAMES ST. )
PARRY SOUND, ON P2A 1T7 )
XXX
-vs-
XXX
MOTION TO STRIKE DEFENDANT’S ANSWER
Dated this ___ day of August, XXX.
Respectfully Submitted,
___________________________________
XXX
Respondent in pro per
NOTICE OF MOTION TO STRIKE DEFENDANT’S ANSWER
THIS COURT WILL HEAR A MOTION on the ___ day of August, XXX, at ___________
(am/pm), or as soon as possible after that time, at 360 Plouffe St., North Bay, ON
Canada P1B 8T6. This motion will be made in person by XXX for an order striking
Defendant’s answer.
Dated this ___ day of August, XXX
Respectfully Submitted,
___________________________________
XXX
Respondent in pro per
MOTION TO STRIKE DEFENDANT’S ANSWER
NOW COMES XXX, Plaintiff, and brings this Motion to Strike Defendant’s Answer,
and for cause would show this Honorable Court as follows:
1. This Motion is brought pursuant to Rule 12.02(1) which states in pertinent part as
follows: “The court may, on motion, strike out or amend all or part of any
document that, (a) discloses no reasonable cause of action or defence.”
2. In her defence, Defendant states that this case should be dismissed at first
instance as it is a family law matter, and not a civil matter.
3. Defendant also makes reference to the Child Protection Application made by the
Children’s Aid Society, whose conclusion was the Final Order issued by Justice
A.H. Perron on XXX.
4. Defendant would like to mislead this Court that this case is about custody of
XXX (hereinafter referred to as the “Minor Child”), and so it
should be in family court.
5. Contrary to Defendant’s false allegation, this case is about breach of the oral
contract between XXX and Brianne Brooks made on [Insert Date].
6. The subject matter of this case is breach of the oral contract between XXX
and Brianne Brooks, not violation of the Final Order issued by Justice A.H.
Perron on XXX.
7. Plaintiff is well aware that all matters relating to the Final Order issued by Justice
A.H. Perron cannot be brought before small claims court, are to be brought
before the Court that issued the Order.
8. Plaintiff is also aware that this Court lacks jurisdiction to hear matters relating to
child custody, and that the family court has no jurisdiction to hear breach of
contract matters.
9. Plaintiff also understands that this Court has jurisdiction to hear civil matters,
including breach of contract cases, whose subject matter does not exceed
$35,000. In his Claim, Plaintiff seeks damages in the sum of $35,000 for breach
of contract. Therefore, jurisdiction exists before this Court contrary to Plaintiff’s
claims.
10. The events giving rise to the breach of contract cause of action brought by
Plaintiff occurred in and within Parry Sound. Therefore, venue is proper before
this Court.
11. At ¶ 8 of the defence, Defendant states that “Plaintiff was incarcerated from in or
about January XXX.” At ¶ 9, she continues as follows: “The
Plaintiff has not seen Marley since January XXX
12. In his Claim, Plaintiff stated that breach of the oral contract occurred from
XXX. The period between XXX and the date of filing this Motion is
part of the period after January XXX, from when Defendant admits Plaintiff has
not seen the Minor Child.
13. It remains that the allegations in the defence do not disclose any reasonable
defence.
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests
this Honorable Court to STRIKE all paragraphs in the defence apart from ¶ 8 and 9.
Dated this ___ day of August, XXX
Respectfully Submitted,
___________________________________
XXX
Respondent in pro per
AFFIDAVIT IN SUPPORT OF MOTION TO STRIKE DEFENDANT’S ANSWER
My name is Joel Viau. I line in [Insert Municipality and Province]. I swear/affirm under
penalty of perjury that the following is true:
1. I made an oral agreement with Brianne Brooks on [Insert Date] that we would
share equal parenting time with our daughter, XXX
2. I was incarcerated and released on XXX
3. From XXX, I started making efforts to see my daughter, Marley, to no
avail.
4. As at the date of this motion, I had not seen my daughter since I was released on
XXX.
Dated this ___ day of August, XXX___________________________________
XXX
Respondent in pro per
Sworn/affirmed before me at [Insert Name of Municipality] in [Insert Name of Province]
on the ___ day of August, XXX
_________________________ _________________________
Commissioner for Oaths Commissioner’s Signature
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