The defendants brought a motion to strike portions of the plaintiffs' Amended Statement of Claim, arguing the claims lacked particularity, disclosed no reasonable cause of action, and that the oppression claims should have been brought as a derivative action.
The dispute involved a family-owned real estate business.
The court dismissed the motion, finding that the pleadings provided sufficient particulars and that it was not plain and obvious that the plaintiff's oppression claims would fail, particularly given the context of a closely-held family corporation where personal and derivative claims may overlap.
The plaintiffs were granted leave to amend certain paragraphs to provide additional facts.
