The defendant brought a motion to dismiss the plaintiff's claim for breach of contract, induced breach of contract, and abuse of process.
The plaintiff, a landlord, sought damages after the defendant, a tenant, did not vacate a residential unit by the closing date of a sale, leading to the plaintiff's inability to deliver vacant possession.
The court, relying on the Residential Tenancies Act as a complete code, found that the plaintiff's claims as pleaded could not succeed because the defendant had statutory rights to remain until an eviction order was made, and the plaintiff had not pleaded that the defendant failed to abide by such an order.
The motion to strike the Statement of Claim was granted, but the plaintiff was given leave to amend.