The defendants brought a motion under Rules 21 and 25 of the Rules of Civil Procedure to strike the plaintiffs’ statement of claim alleging harassment, injuries, and inadequate police response at a social housing complex.
The court held the pleadings disclosed no reasonable cause of action against the landlord or the police board.
The landlord’s liability for third‑party conduct under the Residential Tenancies Act requires foreseeability and notice of repeated conduct, which had not been properly pleaded, and most alleged incidents were also statute‑barred.
Claims against the police board for failure to investigate or lay charges could not ground a civil cause of action due to police discretion in investigative and charging decisions.
The claim was dismissed as statute‑barred and legally insufficient.
