The defendant, National Bank of Canada, brought a motion to strike portions of the plaintiff's Amended Fresh as Amended Statement of Claim, specifically claims for intentional interference with economic relations and breach of the duty of good faith.
The court granted the motion to strike the claim for intentional interference with economic relations, but with leave to amend, finding the plaintiff failed to plead an unlawful act actionable by a third party.
The court dismissed the motion to strike the claim for breach of the duty of good faith, finding it was not plain and obvious that it could not succeed, but ordered the plaintiff to provide further particulars.