The defendant Eldon Lindbergh Hunt brought a motion under Rule 21.01(1)(b) to strike the plaintiff's statement of claim for failing to disclose a reasonable cause of action.
The plaintiff, a mortgagee, alleged Hunt, as lawyer for co-defendant Albert Paul Mifsud, improperly registered a caution against a property, preventing its sale and causing damages.
The court found the claim deficient on three grounds: the caution was registered after the alleged closing date, a lawyer acting qua solicitor is not liable under s.132 of the Land Titles Act, and the intentional interference with contractual relations tort was not properly pleaded.
The motion to strike the claims against Hunt was granted, but the plaintiff was given leave to amend the statement of claim to potentially plead a common law tort.
