The appellant appealed the dismissal of his action under Rules 20 and 21 of the Rules of Civil Procedure.
At trial, the appellant had amended his pleading to abandon all claims except for the pecuniary value of the alleged loss of an interdependent relationship (his marriage) following an accident.
The Court of Appeal upheld the motion judge's decision to strike the pleading under Rule 21, finding that the amended pleading contained virtually no material facts regarding the injuries, how they caused the marriage breakdown, or the associated economic loss.
The appeal was dismissed with costs.
