The defendant Archdiocese moved to strike two paragraphs of the plaintiff's statement of claim, arguing they improperly pleaded evidence and similar facts regarding the abuser's conduct toward another victim.
The court found that pleading the history of charges and convictions was not pleading evidence, but rather material facts relevant to the institutional defendant's alleged failure to prevent abuse.
The court also held that pleading similar facts did not add undue complexity.
The motion was dismissed, save for a few words in one paragraph that improperly pleaded argument.
