The defendants moved to strike the plaintiffs' fresh-as-amended statement of claim, which primarily asserted an unwritten partnership between the parties in connection with two Toronto-area real estate development projects.
The court found the alleged partnership was unsupported by the pleaded facts, noting the parties had created multiple corporate and limited partnership entities with express no-partnership and entire agreement clauses.
All causes of action — breach of fiduciary duty, duty of good faith, tortious interference with economic relations, breach of contract, and oppression — were struck as disclosing no reasonable cause of action.
Leave to amend was denied, and the respondents' cross-motions to convert the parallel application to an action and consolidate the proceedings were also dismissed.
