The defendants brought a motion under Rule 25(11)(a) of the Rules of Civil Procedure to strike several paragraphs of the statement of claim alleging prior misconduct and knowledge of risk relating to an alleged assault against a minor in a hotel room, or alternatively sought particulars under Rule 25.10.
The court held that the plaintiffs were entitled at the pleading stage to make allegations relevant to negligence and vicarious liability, particularly where the defendants would possess the relevant knowledge regarding prior conduct.
The court declined to strike most of the impugned pleadings but found that certain paragraphs were duplicative or improperly framed as submissions rather than allegations.
The court struck limited portions of the pleading while otherwise allowing the claim to proceed.