Anne H. Stevens

The defendants, NSR Toronto and Dapeng Wang, brought a motion to strike the plaintiffs' claims against them for breach of contract, unjust enrichment, oppression, and conspiracy.

The court found that neither moving defendant was a party to the underlying contract, precluding the breach of contract and derivative claims.

The court also held that the oppression remedy under the OBCA did not apply to a BC corporation, and the conspiracy claims lacked the requisite clarity and precision.

The motion was granted, and the claims against the moving defendants were struck without leave to amend.

The appellant appealed an order of the motion judge regarding a mortgage.

The Court of Appeal allowed the appeal conditionally, noting that critical information regarding a bank error was not before the motion judge.

The order was set aside on the condition that the appellant pays the second mortgage in full plus costs within 30 days.