On the other hand, in Bondy v. Toshiba of Canada Ltd., [2006] O.J. No. 1665 (Sup. Ct. Just.), Brockenshire, J. refused to strike a pleading on the basis that (para. 15): 15 My conclusion is that it is not plain and obvious to me that the claim of negligence in design and manufacture, particularly when combined with the alleged claim of negligent misrepresentation, and also combined with the claim of direct relationship between the manufacturer and customer, cannot succeed. At this stage, without full pleadings and a factual basis, I can hardly be asked to determine if there are policy concerns that would block the claim. I decline to strike out that claim.
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