The plaintiff brought a motion to strike portions of the defendants’ statement of defence and counterclaim under Rules 21.01(3) and 25.11 of the Rules of Civil Procedure, or alternatively to compel further particulars.
The dispute arose from a joint venture involving educational and consulting seminars and real estate marketing.
The court held that the pleadings disclosed sufficient material facts and did not meet the high threshold required to strike a defence or counterclaim as scandalous, frivolous, vexatious, or an abuse of process.
The court further found that the additional details sought by the plaintiff were evidentiary in nature and more appropriately addressed during examinations for discovery.
The motion was therefore dismissed in its entirety, though the plaintiff was granted additional time to deliver its reply.
