Dubé,
J.:—It
is
not
plain
and
obvious
that
the
paragraphs
in
question
are
irrelevant
or
may
prejudice,
embarrass
or
delay
a
fair
trial
under
Rule
419(1)(d).
The
matter
ought
to
be
left
for
the
trial
judge
to
decide.
The
instant
motion
to
strike
is
not
a
pleading
and
the
defendant
may
therefore
file
an
amended
statement
of
defence
without
leave
under
Rule
421(1).
Where
such
an
amended
pleading
has
been
triggered
by
a
motion
to
strike,
the
Court
may
exercise
its
discretion
as
to
costs.
The
amended
statement
of
defence
was
also
attacked
as
being
irrelevant,
etc.
under
Rule
419(1)(d).
For
the
same
reasons,
the
amended
pleading
ought
not
to
be
struck
out.
The
motion
is
denied
with
costs
in
the
cause.
Motion
denied.
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