The defendants, Medi-Promotions Inc. and PrintPad (2009) Inc., moved to stay the action for want of territorial and subject-matter jurisdiction and to strike the claim as an abuse of process.
Defendant Marktech Services Inc. also moved to strike portions of the Statement of Claim.
The court dismissed the motions to stay and to strike for abuse of process, finding a real and substantial connection to Ontario and that Ontario was the convenient forum.
However, the court granted the motion to strike specific portions of the Statement of Claim, including the tracing claim against Marktech and the fraudulent activities and bad faith allegations against all moving defendants, due to insufficient material facts and lack of specificity, but granted the plaintiffs leave to amend.
