The appellants appealed an order striking portions of their statement of claim against the respondents, which included claims related to religious indoctrination at a private school.
The Court of Appeal upheld the motion judge's finding that there is no tort of religious indoctrination and that certain claims were non-justiciable.
However, the Court granted the appellants leave to amend their pleadings to clarify a theory of breach of fiduciary duty based on the respondents' alleged failure to educate the students in accordance with Anglican faith and values.
The Court also restored several paragraphs that had been struck for being redundant, irrelevant, or argumentative.
The appeal was allowed in part.