C. Cosgriffe

The moving party, Eacom Timber Corporation, brought a motion to strike a counterclaim against it on the basis that it disclosed no reasonable cause of action.

The responding parties sought contribution and indemnity from Eacom for amounts they might owe under equipment leases, alleging Eacom wrongfully terminated a related contract.

The court found no reasonable cause of action because there was no tort alleged and no contractual provision requiring Eacom to indemnify the responding parties.

The court struck the counterclaim and denied leave to amend, noting the responding parties had already claimed the same damages in a separate outstanding action against Eacom.

In a wrongful dismissal action, the plaintiff brought a motion to strike the defendant's statement of defence, alleging a pattern of delay and evasion in fulfilling discovery obligations and answering undertakings.

The defendant argued it had made best efforts but was hindered by the sale of its assets and records to a third party, which had restricted access due to the COVID-19 pandemic.

The court declined to strike the defence, finding the defendant's efforts were genuine and its conduct did not rise to the level of deliberate or unequivocal default.

However, the court ordered a limited two-hour re-examination of the defendant's representative and appointed itself for light-touch case management to ensure the action progressed.