The defendants brought a motion under Rule 21.01(1)(b) to strike the plaintiff's statement of claim for disclosing no reasonable cause of action.
The plaintiff sought damages for breach of contract and misrepresentation after a farmhouse on a property purchased from the defendants was destroyed by fire before closing.
The court found no contractual obligation for the defendants to insure the property, rebuild the farmhouse, or abate the purchase price, relying on the Supreme Court of Canada's decision in Wile v. Cook.
The misrepresentation claim lacked sufficient particulars as required by Rule 25.06(8).
The statement of claim was struck out, but with leave to amend.
