The defendant brought a motion to strike the plaintiff's claim for breach of fiduciary duty arising from the alleged transmission of a sexually transmitted disease during their marriage.
The plaintiff brought a cross-motion to strike portions of the statement of defence as scandalous, frivolous, and vexatious.
The court dismissed the defendant's motion, finding it was not plain and obvious that a spousal relationship could not give rise to a per se or ad hoc fiduciary duty to disclose a known or suspected sexually transmitted disease.
The court granted the plaintiff's cross-motion, striking several paragraphs of the statement of defence that were inflammatory, irrelevant, or improperly pleaded motive.
