2 total
Motion to strike negligent misrepresentation and oppression claims dismissed; causes of action sufficiently pleaded.
The defendants brought a motion to strike the plaintiff's claims for negligent misrepresentation and oppression arising from a share purchase agreement dispute.
The defendants argued the negligent misrepresentation claim failed to establish a duty of care and relied on future promises, and that the oppression claim was duplicative of a breach of contract claim.
The court dismissed the motion, finding that a duty of care was sufficiently pleaded and that the oppression claim was not barred merely because a contract existed between the parties.
The plaintiff was awarded costs of $40,000.
Construction lien discharged due to contract abandonment; plaintiff ordered to post security for costs.
The defendants moved to discharge a construction lien, arguing the plaintiff contractor abandoned the contract more than 60 days before registering the lien.
The court agreed, finding the plaintiff ceased work and demanded payment before returning, constituting abandonment.
The lien was discharged, and the action was ordered to continue as an ordinary action.
The court also ordered the plaintiff to post $27,500 in security for costs, as it failed to prove impecuniosity.
The plaintiff's cross-motion for leave to maintain the action under the Business Names Act was granted, but its motion to strike the defendants' counterclaim for breach of trust and oppression was dismissed.
