The defendants brought a motion under Rule 21.01(1)(b) to strike portions of a statement of claim arising from a police shooting.
The moving parties sought to strike claims against three chiefs of police, three unnamed John Doe constables, and claims for punitive and aggravated damages.
The court granted the motion, finding that the Police Services Act does not create a private law duty of care for police chiefs, the John Doe constables were empty placeholders without material facts, and the claims for punitive and aggravated damages lacked the requisite factual basis.