The appellants, purchasers of pre-construction homes, appealed a motion judge's order striking their claims against three directors of Vandyk, a company that acquired the failed development.
The appellants argued for a viable claim based on unlawful act conspiracy and that the motion judge erred in denying leave to amend.
The Court of Appeal found no error in the motion judge's analysis, affirming that the claims did not allege conduct by the directors outside their corporate roles and that it was plain and obvious no tenable cause of action was pleaded.
The appeal was dismissed, and costs were awarded to the appearing respondents.
