By Nikolay Chsherbinin ( April 11, 2022, 1:28 PM EDT) -- The “fresh step” rule is based on the theory that if a party pleads over to a pleading, this implies a waiver of any irregularity that might otherwise have been attacked. For example, if a party, after obtaining knowledge of the irregularity, nonetheless delivers a statement of defence, it may disentitle it from bringing a Rule 21 motion under Ontario’s Rules of Civil Procedure to strike all or portions of a plaintiff’s statement of claim....