The defendants brought a motion to strike various portions of the plaintiff's statement of claim, which alleged misleading advertisement, misleading description under the Trade-marks Act, tort of unlawful means, copyright infringements, and conspiracy.
The court considered whether the pleadings disclosed a reasonable cause of action under Rule 21.01(1)(b) and whether they were scandalous, frivolous, or vexatious under Rule 25.11.
The court struck certain paragraphs related to direct statutory breaches and s. 36(1) of the Competition Act and s. 7(d) of the Trade-marks Act (with leave to amend for the latter two), but preserved allegations concerning false and misleading representations, the tort of unlawful means, and conspiracy, finding them relevant and sufficiently pleaded.
