The Crown brought a motion to strike the plaintiff's class action statement of claim, which alleged de facto expropriation by the Crown due to delays at the Landlord and Tenant Board (LTB) and the Residential Tenancies Act.
The Crown argued the claim disclosed no reasonable cause of action, was a nullity due to the plaintiff's failure to provide statutory notice under the Crown Liability and Proceedings Act, and failed to specify the nature of relief claimed.
The court granted the motion, finding that the claim failed to plead the essential elements of de facto expropriation (no beneficial interest acquired by the Crown and no state action removing all reasonable uses of property).
The court also determined that the Crown could not be vicariously liable for the independent LTB's actions and that the proceeding was a nullity due to the plaintiff's admitted failure to provide the required 60-day notice to the Crown, rejecting the plaintiff's constitutional challenge to the notice requirement.
Leave to amend the statement of claim was denied as the defects were deemed incurable.
