The defendants brought a motion to strike paragraph 7 of the plaintiffs' Fresh as Amended Statement of Claim, arguing it improperly pleaded evidence and admissions contrary to Rules 25.06 and 25.11 of the Rules of Civil Procedure.
The Master dismissed the motion, finding that while the paragraph contained elements of evidence, it was material to the overall allegations of negligence, breach of contract, and bad faith, and served as necessary particularization, especially given the allegations of bad faith.
The Master emphasized that the mere inclusion of evidence in a single paragraph of a five-page pleading does not automatically constitute an abuse of process or warrant intervention, particularly when no prejudice to the defendants is demonstrated.
The decision also highlighted the importance of proportionality in litigation, noting that the motion would not materially advance the dispute towards its final resolution.
Costs were awarded to the plaintiffs.
