The defendant Mercedes-Benz Canada Inc. moved to strike the plaintiff's statement of claim against it without leave to amend.
The plaintiff alleged that his identity was stolen and used in a 'straw buy' of a luxury vehicle, and claimed Mercedes was liable in negligence, vicarious liability, and waiver of tort for the actions of its franchisee.
The court found that the statement of claim failed to plead material facts to support a duty of care, breach, causation, or compensable damages in negligence, nor did it support vicarious liability or an agency relationship.
The court struck the claim against Mercedes without leave to amend and dismissed the action against it.