The applicants, Erica and Geoff Chovaz, brought motions to strike the pleadings of the respondents, 7120761 Canada Inc., Daniel St. Jean, and Laurel Simmons (collectively "712 group"), in both Superior Court and Small Claims Court actions, alleging non-compliance with pleading rules.
The Chovazs also sought costs for 712 group's abandoned motion to transfer the Small Claims action to Superior Court.
The court granted the motions to strike, finding significant deficiencies in 712 group's pleadings, including lack of clarity regarding causes of action, misrepresentation elements, and damages.
Leave was granted to file amended pleadings.
The court also awarded costs to the Chovazs for the abandoned transfer motion, citing 712 group's problematic litigation conduct.