The defendants, NSR Toronto and Dapeng Wang, brought a motion to strike the plaintiffs' claims against them for breach of contract, unjust enrichment, oppression, and conspiracy.
The court found that neither moving defendant was a party to the underlying contract, precluding the breach of contract and derivative claims.
The court also held that the oppression remedy under the OBCA did not apply to a BC corporation, and the conspiracy claims lacked the requisite clarity and precision.
The motion was granted, and the claims against the moving defendants were struck without leave to amend.