The decision concerns a motion to strike brought by the City of Kenora and individual defendants against 5901058 Manitoba Ltd.'s action regarding a failed land development transaction.
The plaintiff alleged breach of contract, negligent misrepresentation, unjust enrichment, constructive taking, and misfeasance in public office after the City refused to sell municipal land as agreed, instead pursuing a sale to the Ontario Provincial Police.
The court dismissed most grounds for striking, allowing the plaintiff’s claims (except for misfeasance in public office) to proceed, finding they disclosed reasonable causes of action.