The plaintiff brought a motion to strike two paragraphs from the defendants' Statement of Defence in an action for professional negligence against his insurance brokers.
The impugned paragraphs pleaded statistical data regarding the percentage of Ontario motorists who opted for $1,000,000 in third-party liability coverage.
The court found that the statistical data was not a material fact necessary for the defence and violated Rule 25.06(1) by pleading evidence rather than facts.
The motion was granted and the paragraphs were struck.
