Update for January 11, 2010:

On December 15, 2009, the Honourable Justice Cullity heard the Motion to Strike.  Justice Cullity has released his Reasons For Judgment which can be found under “Court Decisions” on this website.  The Motion is adjourned pending advice from plaintiff’s counsel with respect to the possible amendment of their client’s pleading.

Update for October 19, 2009:

On December 15 and 16, 2009 the Crown will be bringing its motion to strike pursuant to Rule 21.  Until this hearing all other matters are suspended.

Update for August 7, 2009:

The Crown has indicated that they want to bring a motion to strike*.  A case conference with Justice Cullity is scheduled for October 14, 2009 to discuss the matter.

*"Motion to strike" is defined on the following websites as:

http://legal-dictionary.thefreedictionary.com/motion+to+strike

A request for a judge's order to eliminate all or a portion of the legal pleading (complaint, answer) of the opposition on any one of several grounds. It is often used in an attempt to have an entire cause of action removed ("stricken") from the court record.

http://www.legal-explanations.com/definitions/motion-to-strike.htm

It is a motion introduced or inacted by one party to request the Judge's order to remove, eliminate or make immaterial certain or entire portion of the opponents' legal compliant or replies in the trials. This can be either be oral or written but is done only on certain stated legible reasons.Once the motion is accepted, the jury has to ignore or not consider those striken parts of trials.