Métivier R.S.J.

The applicant sought judicial review of an inquiry officer's report and a municipal resolution authorizing the expropriation of a portion of its land for a sewage easement.

The inquiry officer had concluded that the proposed expropriation was fair, sound, and reasonably necessary after considering alternatives.

The Divisional Court dismissed the application, finding no denial of natural justice or jurisdictional error of law in the inquiry officer's report.

The defendants, Nortel Networks Corporation and John Roth, appealed an interlocutory order that struck only portions of the plaintiff's statement of claim.

The Divisional Court allowed the appeal and struck the entire statement of claim against the appellants, finding it disclosed no reasonable cause of action.

The court held that the plaintiff failed to plead the essential elements of negligent misrepresentation, failed to plead material facts to overcome the business judgment rule regarding alleged mismanagement, and lacked standing as an individual shareholder to bring claims for conversion of company property.