The plaintiffs sued three lawyers who represented them in a condominium purchase, alleging negligence for failing to rescind the transaction after the plaintiffs discovered water damage upon taking possession.
The defendant lawyers brought motions to strike the claim under Rules 21.01(1)(b) and 21.01(3)(d).
The court found that the plaintiffs failed to plead any material facts establishing a breach of the standard of care or causation of damages, as a completed real estate transaction cannot be unilaterally rescinded without the vendor's consent.
The court struck the claims against the three lawyers without leave to amend, finding them frivolous, vexatious, and disclosing no reasonable cause of action.