The defendants, individual principals of Times Group corporations, brought a motion under Rule 21.01(1)(b) to strike out the plaintiff condominium corporation's claim against them personally for construction deficiencies, arguing it disclosed no reasonable cause of action.
The court found that most claims (breach of contract, negligent/fraudulent misrepresentation, breach of fiduciary duty, and Building Code breaches) were not sufficiently particularized to establish personal liability distinct from the corporations, as they described actions within the principals' ordinary corporate duties.
These claims were struck without leave to amend.
However, the oppression remedy claim was struck with leave to amend, as the court acknowledged its potential as a personal remedy if properly pleaded with specific allegations against individual directors.
