Fairlie Insurance Agency Inc. v. Benesure Canada Inc.

Fairlie Insurance Agency Inc. v. Benesure Canada Inc.

It is not plain and obvious that a claim in equitable fraud cannot succeed; accordingly the order striking the plea of equitable fraud was set aside and the defendants' motion dismissed, with leave for the plaintiffs to amend their statement of claim.

Source-derived case information.

Citation
2012 ONCA 677
Parties
Plaintiff (appellant): Fairlie Insurance Agency Inc.; Plaintiff (appellant): John Fairlie; Defendant (respondent): Benesure Canada Inc.; Defendant (respondent): John Lorriman
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
9 October 2012
Procedural Posture
Civil Appeal / Appeal From Motion to Strike Pleadings (order Dated March 7, 2012)
Outcome
Appeal allowed; order striking plea of equitable fraud set aside; defendants' motion dismissed; plaintiffs permitted to amend statement of claim.
Legal Topics
Equitable Fraud, Striking Pleadings, Amendment of Statement of Claim, Plain and Obvious Test, Costs Awards
Source Language
english
Civil Equity Appeal Procedure Costs Equitable Fraud Striking Pleadings Amendment of Statement of Claim +2 more

Source-derived case record

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Parties

Fairlie Insurance Agency Inc.

Plaintiff (appellant)

John Fairlie

Plaintiff (appellant)

Benesure Canada Inc.

Defendant (respondent)

John Lorriman

Defendant (respondent)

Procedural Posture

Civil Appeal / Appeal From Motion to Strike Pleadings (order Dated March 7, 2012)

Legal Issues

  1. 1 Whether a plea of equitable fraud is plain and obvious and can be struck at the pleading stage
  2. 2 Whether the motion to strike should be dismissed and the striking order set aside
  3. 3 Whether the plaintiffs should be permitted to amend their statement of claim

Ratio Decidendi

It is not plain and obvious that a claim in equitable fraud cannot succeed; accordingly the order striking the plea of equitable fraud was set aside and the defendants' motion dismissed, with leave for the plaintiffs to amend their statement of claim.

Court Disposition

Appeal allowed; order striking plea of equitable fraud set aside; defendants' motion dismissed; plaintiffs permitted to amend statement of claim.

Orders

  • Order striking the plea of equitable fraud set aside.
  • Defendants' motion dismissed.