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.
