The defendant brought a motion to strike the plaintiff's amended statement of claim under Rule 21.01(1)(b) of the Rules of Civil Procedure.
The plaintiff, a self-represented litigant with Asperger's syndrome, challenged the constitutionality of the exclusion of mental illness from the medical assistance in dying (MAID) regime under the Criminal Code.
The court found that the claim lacked the necessary factual foundation, specifically the allegation that the plaintiff had undergone a MAID assessment and been denied based on mental illness.
The court struck the amended statement of claim but granted leave to amend within 90 days, requiring the plaintiff to adduce evidence of a triable issue relating to denial of MAID based on Asperger's syndrome.