Robert McRae

The defendant, a court-appointed receiver, brought a motion to dismiss the plaintiffs' action against it.

The plaintiffs had commenced the action without obtaining leave of the court or the receiver's written consent, contrary to section 215 of the Bankruptcy and Insolvency Act and prior court orders.

The court granted the motion, holding that obtaining leave is a strict condition precedent to bringing an action against a receiver, and dismissed the claims against the receiver with costs.

The moving defendants brought a motion to strike the plaintiffs' Statement of Claim for failing to disclose a reasonable cause of action and for being improperly pleaded.

The plaintiffs failed to file materials or appear at the hearing.

The court found the claim lacked clarity, failed to specify causes of action against specific defendants, and amounted to an abuse of process.

Additionally, the corporate plaintiffs were in default of their annual filings, and plaintiffs' counsel failed to confirm his authority to commence the proceeding.

The motion was granted, and the claim was struck in its entirety against the moving defendants.