The defendants brought a motion under Rule 25 of the Rules of Civil Procedure to strike multiple paragraphs of the plaintiff’s statement of claim in an oppression action involving a minority shareholder.
The defendants argued the impugned paragraphs lacked full particulars, improperly pleaded evidence or opinion, and constituted an abuse of process by referencing allegedly frivolous legal proceedings.
The court held that most of the allegations sufficiently pleaded material facts and provided necessary narrative context.
However, several paragraphs were struck where they improperly pleaded evidence or opinion.
The court granted partial relief by striking limited portions of the pleading with leave to amend and dismissed the remainder of the motion.
