2 total
Motion to strike partially granted with leave to amend; permanent injunction denied.
The defendants brought a motion to strike portions of the plaintiff's statement of claim in an employment dispute over unpaid commissions, and sought to make an interlocutory injunction permanent.
The court also addressed the distribution of materials seized under an Anton Piller order.
The court declined to make the injunction permanent, finding the test was not met and damages would be an adequate remedy.
The court refused to strike the claims for unpaid commissions based on the limitation period, as discoverability was a genuine issue for trial.
However, the court struck the claims for negligent and fraudulent misrepresentation and loss of future income, granting the plaintiff leave to amend.
The court struck portions of affidavits as scandalous and vexatious for irrelevantly impugning character.
The applicants, members of a church congregation, brought a motion to strike portions of affidavits filed by the respondent directors and other congregation members in an underlying application.
The application seeks to determine corporate membership, election of directors, and leave for a derivative action against current directors of Kingdom of Heaven Embassy Ministries Inc. The court considered Rules 25.11 and 39.01(5) of the Rules of Civil Procedure.
The court granted the motion in part, striking numerous paragraphs from the respondents' affidavits that were deemed irrelevant, scandalous, or vexatious, particularly those impugning the character or conduct of the former pastor, Mr. Somers.
Leave was granted for the respondents to file amended affidavits.
