The defendant brought a motion to strike the plaintiff’s statement of claim without leave to amend under Rules 21.01 and 25.11 of the Rules of Civil Procedure, arguing the pleading disclosed no reasonable cause of action and constituted an abuse of process.
The defendant alternatively sought further and better particulars of alleged construction delays and related claims.
The court held the statement of claim disclosed a viable cause of action in breach of contract and was not frivolous or vexatious.
Although portions pleading negligence were struck due to contractual limitations restricting claims to breach of contract, the plaintiff was granted leave to amend.
The court also dismissed the request for particulars, finding the information sought was largely within the defendant’s knowledge and amounted to improper attempts to obtain evidence prior to discovery.
