The defendants brought a motion to strike portions of a fresh as amended statement of claim in an employment-related action seeking damages for breach of contract, wrongful dismissal, misrepresentation, quantum meruit, and unjust enrichment.
The court held that the pleading failed to disclose a reasonable cause of action against an individual corporate officer because it did not plead material facts showing independent misconduct separate from the corporation.
The court struck the claims against the individual defendant and dismissed the action as against him.
However, the court found sufficient pleaded facts to support the allegation that two corporate defendants could be treated as common employers.
The claim for unjust enrichment was also struck for failure to plead a tangible benefit retained by the defendants.
