The defendants brought a motion to strike the plaintiff’s statement of claim alleging breach of contract, negligent misrepresentation, inducing breach of contract, intentional interference with economic relations, and claims for aggravated and punitive damages arising from a failed joint venture concerning a key‑cutting machine.
Applying the “plain and obvious” test from Hunt v. Carey Canada Inc., the court held that the pleadings sufficiently disclosed causes of action for breach of contract, negligent misrepresentation, and inducement of breach of contract.
However, the claims for intentional interference with economic relations and interference with prospective economic relations were struck as they lacked the necessary allegations that a third party had an actionable claim against the defendant.
Claims for aggravated and punitive damages were also struck for lack of particularization but with leave to amend.
Certain evidentiary paragraphs were struck for breaching pleading rules.
