Casey Myers

The defendants, two children's aid societies, brought a motion to strike the plaintiff's action without leave to amend pursuant to Rules 21 and 25 of the Rules of Civil Procedure.

The plaintiff commenced the action in January 2025 against the defendants over their involvement in seeking child protection orders affecting the plaintiff's child in 2017.

The action alleged negligence, breach of fiduciary duty, misfeasance in public office, abuse of process, intentional infliction of emotional distress, and breach of Charter rights.

The court found the action constituted an improper collateral attack on existing court orders and that the specific causes of action were untenable in law.

The action was struck out without leave to amend, and costs of $2,500 per defendant were awarded.

This mid-trial ruling addressed whether the plaintiffs could pursue claims for housekeeping and attendant care losses.

The defendant argued these claims were eliminated during discovery and would cause prejudice.

The court found that the discovery answer regarding "economic component" lacked precision, and the defendant had sufficient notice through pre-trial memoranda and the occupational therapist's report.

The court granted the plaintiffs leave to lead evidence on these past care claims, finding no prejudice to the defendant.