The plaintiff corporation brought an action alleging conspiracy, fraud, and negligence against various defendants, including a law firm and the Ontario Provincial Police, arising from the transfer of a property following a power of sale.
The remaining defendants moved to strike the statement of claim under Rule 21.01(1)(b).
The court granted the motions, finding that the pleadings lacked the heightened particularity required for allegations of fraud and conspiracy, and failed to establish any duty of care owed by the police or the law firm to the plaintiff.
Furthermore, the claim against the police was a nullity due to the plaintiff's failure to provide the mandatory 60 days' written notice under the Proceedings Against the Crown Act.
Leave to amend was denied as the fundamental defects could not be cured.
