The defendant, the Attorney General of Canada, brought a motion to strike the plaintiff's statement of claim and dismiss the action concerning the ownership and disposal of two mobile medical clinics.
The court found that the plaintiff lacked the legal capacity to bring the action because the clinics were owned by a numbered company in which the plaintiff held no official role.
Furthermore, the numbered company was an undischarged bankrupt and also lacked the capacity to sue, which could not be cured by substituting the company as the plaintiff.
Consequently, the court struck the statement of claim in its entirety without leave to amend and dismissed the action.
