The defendants moved to strike out several paragraphs of the plaintiff's statement of claim under Rules 21.01(1)(b), 25.06, and 25.11 of the Rules of Civil Procedure.
The action involved an alleged breach of contract regarding the operation and sale of a pizza franchise.
The court dismissed the defendants' motion, finding that the claim asserted a well-recognized cause of action for breach of contract and was not frivolous or vexatious.
The plaintiff's cross-motion to compel documentary production was also dismissed as premature.
Costs of $4,000 were awarded to the plaintiff.
