The defendants, including several condominium board members and the condominium corporation, brought a motion to strike portions of the plaintiff's Statement of Claim.
The court found that several paragraphs attempted to relitigate issues already decided in a prior application between the parties, and thus were barred by issue estoppel.
Furthermore, the court struck the remaining allegations against the individual board members, finding the plaintiff failed to plead material facts establishing that the directors acted outside their corporate duties or exhibited a separate identity of interest to attract personal liability.
The motion to strike was granted.
