The individual defendants, officers and directors of BMW Canada Inc., brought a motion to strike the Amended Statement of Claim against them, arguing it failed to disclose a reasonable cause of action.
The plaintiffs alleged various torts including negligence, breach of fiduciary duty, and intentional interference with economic relations.
The court granted the motion, finding that the pleading failed to establish a basis for personal liability against the individual defendants, as their alleged actions were within their corporate capacity, and the elements for the pleaded torts were not properly established.
Leave to amend was granted, and costs were awarded to the individual defendants.
