Does the Minister of Health and Social Care have any basis to strike the Statement of Claim in the context of bad faith allegations in paragraph 5 and the rule in Rylands v Fletcher?
Saskatchewan, Canada
The following excerpt is from R. v. Bateman, 2009 SKQB 100 (CanLII):
I find myself in agreement with the Minister. I have read the amended Statement of Claim many times and cannot find any connection or linkage between the allegations of bad faith in paragraph 5 with negligence, nuisance and the rule in Rylands v. Fletcher in paragraph 6, 7 and 8. Because of this defect it is plain and obvious that the claims of negligence, nuisance and Rylands v. Fletcher are barred by virtue of s. 52 and should be struck.
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