SUPERIOR COURT OF JUSTICE - ONTARIO
RE: THE CATALYST GROUP INC., Plaintiff (Responding Party)
AND:
DUNDEE KILMER DEVELOPMENTS LIMITED PARTNERSHIP, DUNDEE REALTY CORPORATION, KD INFRASTRUCTURE L.P., KILMER VAN NOSTRAND CO. LIMITED, JOHN DOE CORPORATIONS PARTNERSHIPS, INFRASTRUCTURE ONTARIO and ONTARIO INFRASTRUCTURE AND LANDS CORPRATION (FORMERLY ONTARIO INFRASTRUCTURE PROJECTS CORPORATION), THE MINISTRY OF INFRASTRUCTURE OF ONTARIO AND HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, Defendants (Moving Party)
BEFORE: Cavanagh J.
COUNSEL: Christopher P. Thompson, for the Her Majesty the Queen in Right of Ontario (Moving Party)
David Moore and Kenneth G.G. Jones, for the Plaintiff (Responding Party)
HEARD: January 14, 2021
ENDORSEMENT
Introduction
1This is a motion by Her Majesty the Queen in right of Ontario (the “Crown”) to strike out the Second Fresh as Amended Consolidated Statement of Claim (“Second Amended Claim”) of the plaintiff The Catalyst Capital Group Inc. (“Catalyst”) as against the Crown pursuant to Rule 21.01(1)(b) of the Rules of Civil Procedure on the ground that the Second Amended Claim discloses no reasonable cause of action.
2The Crown also moves, in the alternative, in a companion motion, for an order requiring the plaintiff to obtain leave of the