The corporate defendant, Medical Respiratory Care Inc. (MRC), brought a Rule 21.01(1)(b) motion to strike the action against it, arguing the Statement of Claim disclosed no reasonable cause of action due to "conjunctive-disjunctive" pleading regarding the contract parties (Mr. Tiltack and/or MRC).
The plaintiff argued there was a live issue as to who the contracting party was.
The court dismissed the motion, finding the pleadings were not flawed given the ambiguity of the contract parties and that the motion was tactical.
