The defendants brought a motion to dismiss the plaintiffs' action as an abuse of process, or alternatively to strike certain claims and consolidate the action with a related proceeding in Newmarket.
The court declined to dismiss the action as an abuse of process, finding it involved new parties and different claims.
However, the court struck the impugned claims for failing to plead material facts, granting the plaintiffs leave to amend.
The court also ordered the two actions to be consolidated or tried together to avoid inconsistent findings regarding a unanimous shareholders' agreement.
