L. A. Pattillo

The Trustee in bankruptcy moved to strike portions of the respondent's affidavit filed in opposition to an application for partition and sale of a property.

The impugned portions contained allegations of misconduct and fraud by the Trustee in the administration of the estate.

The court held that while issues of admissibility are generally left to the judge hearing the main application, allegations that are clearly irrelevant, scandalous, and vexatious personal attacks on the Trustee must be struck in advance.

The motion was granted and the offending paragraphs were struck.

The defendants brought a motion for summary judgment on their counterclaim for the balance of the purchase price under a share purchase agreement and to dismiss the plaintiffs' action.

The plaintiffs alleged fraudulent misrepresentation regarding the financial position of the purchased company and sought rescission.

The court found that there was some evidence to support the plaintiffs' claims and that issues of credibility and fact, particularly regarding when the plaintiffs became aware of the alleged fraud and whether they affirmed the contract, required a full trial.

The motion for summary judgment was dismissed.