The Moving Parties (10313033 Canada Inc., Madeleine Bonhomme, and Sameh Mansour) brought a motion to strike the counterclaim filed by Antranik Kechichian.
The counterclaim sought over $21M in damages, alleging conspiracy and other misconduct related to two changes in ownership of the Laurier Optical franchise system.
The Moving Parties argued the counterclaim was a collateral attack on Quebec Superior Court vesting orders, disclosed no reasonable cause of action, and was frivolous, vexatious, an abuse of process, and duplicative of other proceedings.
The court found the counterclaim to be a collateral attack on the vesting orders and frivolous, vexatious, and an abuse of process.
It also found no reasonable cause of action against Bonhomme and Mansour in their personal capacities, except for specific claims related to unpaid rent.
The counterclaim was struck in its entirety against 10313033 Canada Inc. and largely against Bonhomme and Mansour, with the claims for unpaid rent against the individuals adjourned for further determination.