L. Kruse

The defendants, Emilio and Kristi Feletto, brought a motion to strike portions of the plaintiffs' statement of claim under Rule 21.01(1)(b) for failing to disclose a reasonable cause of action.

The plaintiffs' claim arose from the purchase of a residential property allegedly built with major structural defects.

The court struck two subparagraphs against Emilio with leave to amend, but declined to strike the remaining impugned paragraphs, finding it was not plain and obvious that the claims in negligence, breach of contract, and negligent misrepresentation would fail.

The plaintiffs were awarded costs of the motion.

The defendants brought a motion for summary judgment dismissing a subrogated fire loss claim as statute-barred under the Limitations Act, 2002.

The fire occurred after a contractor left staining materials in a plastic bag on a deck, allegedly causing spontaneous combustion.

The defendants argued the claim was discovered immediately after the fire in August 2008, making the September 2010 action out of time.

The court held the claim was not discoverable until the investigation revealed that stain-soaked rags likely caused the fire, which occurred on September 25, 2008.

Because the statement of claim was issued within two years of that date, the action was timely and summary judgment was refused.