The defendants moved under Rule 21 to strike the plaintiffs' statement of claim, arguing it failed to disclose a cause of action for ownership or vesting of cottage land.
The court found the statement of claim did not sufficiently plead the requirements for a gift, nor did it allege trust, proprietary estoppel, unjust enrichment, or detrimental reliance.
Given the pleadings, particularly the deceased's stated intention not to convey due to tax liability, the court concluded it was plain, obvious, and beyond doubt that the plaintiffs' claims could not succeed as pleaded.
The defendants' motion was granted.