The defendants, a children's aid society and its employee, brought a Rule 21 motion to strike the plaintiff mother's personal claims arising from a child protection investigation that led to criminal charges against her husband.
The court declined to strike the negligent investigation claim, finding that the law regarding a society's duty of care to parents at the investigative stage remains unsettled.
However, the court struck the plaintiff's claims for bad faith, misfeasance, abuse of process, defamation, and Charter breaches due to insufficient pleading, while granting leave to amend.
