The defendants brought a motion to strike various paragraphs from the plaintiff's statement of claim, alleging they were prejudicial, scandalous, frivolous, vexatious, or an abuse of process.
The plaintiff's action arose from his acrimonious departure from an accounting partnership, seeking an accounting, declarations of bad faith and oppressive conduct, and damages.
The motion sought to strike paragraphs related to a request for trial together with a civil assault action, allegations of reprisal and false sexual assault claims, a complaint filed with CPA Ontario, and the nature of departure negotiations.
The court dismissed the motion to strike paragraphs concerning the request for trial together and the reprisal/assault allegations, finding they could support a claim for breach of the duty of good faith.
However, the court granted the motion in part regarding the CPA Ontario complaint, striking those references due to inadmissibility under the CPA Ontario Act and public policy protecting regulatory complaints.
The motion to strike paragraphs on departure negotiations was also dismissed, as the defendants failed to prove settlement privilege and the allegations could support a breach of contract claim.
Due to mixed success, each party was ordered to bear their own costs.
