The defendants brought a Rule 21.01 motion to strike a Fresh as Amended Statement of Claim alleging unlawful interference with a towing and parking enforcement business and seeking reinstatement of a licence suspended by police.
The plaintiffs alleged that police deliberately failed to enter tow cards into CPIC, resulting in theft charges and business losses.
The court held that municipalities exercising regulatory powers in good faith enjoy relative immunity unless their conduct is irrational, and the pleadings failed to properly particularize allegations of malice.
The court also found that the challenge to the licence suspension constituted a matter for judicial review before the Divisional Court rather than an action in the Superior Court.
The statement of claim disclosed no reasonable cause of action and was struck.
