What is Collicutt’s claim in the Statement of Claim?

Ontario, Canada


The following excerpt is from 2441472 Ontario Inc. v Collicutt Energy Services Corp., 2016 ONSC 566 (CanLII):

Collicutt argues that the Statement of Claim is deficient on the basis that paras. 7-10 inclusive contain only bare allegations, that there is no reasonable cause of action for unlawful interference with economic relations since the necessary elements of that tort were not pleaded, and that 244 has no basis for its claimed injunction since it pleaded no facts to satisfy all elements of the test in R. MacDonald v. Canada, 1994 CanLII 117 (SCC), [1994] 1 S.C.R. 311. I agree and so find. In addition, it argues that 244’s claim on its face discloses no reasonable basis for the punitive damages that it asserts. I agree and so find. The plaintiff refused to provide particulars on two bases – that the facts are within the defendant’s knowledge and that facts would only be provided to Collicutt after it made documentary production.

Other Questions


Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
Is a plaintiff's new statement of claim that describes the nature of their employment contract relevant to a whistleblowing claim? (Ontario, Canada)
Can a statement in a Statement of Claim be an admission? (Ontario, Canada)
Is a motion to extend time for service of a statement of claim in a motor vehicle accident just a "just resolution" of the claim? (Ontario, Canada)
Can a statement of claim be struck where there is no reasonable cause of action? (Ontario, Canada)
Does the Statement of Claim refer to the upper echelons of the Attorney General's office? (Ontario, Canada)
Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation? (Ontario, Canada)
What is the test for a motion to strike a statement of claim under Rule 21.01? (Ontario, Canada)
How have the courts interpreted privilege in a motion to amend a statement of claim? (Ontario, Canada)
What is the test for approval of an amended statement of claim? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.