The defendant brought a motion to strike certain passages of the statement of claim and to transfer the matter to small claims court.
The plaintiff claimed $53,500 arising from a joint property investment.
The court dismissed the request to transfer the matter, finding it was not plain and obvious that the claim fell within the small claims court's monetary jurisdiction.
However, the court struck the plaintiff's claim for a Certificate of Pending Litigation as there was no interest in land in question, and struck several paragraphs of the statement of claim that were argumentative or lacked connection to the alleged breach of contract.
