Mattson v. Remus

Mattson v. Remus

The court held the plaintiff's pleadings are sufficiently pleaded to survive the Rule 19 attack: specific performance/damages under the Sisters' Agreement are adequately pleaded; the elements of conspiracy, undue influence and misrepresentation are pleaded though the plaintiff must elect between conspiracy and joint...

Source-derived case information.

Citation
2009 BCSC 836
Parties
Plaintiff/respondent: Lynn Mattson; Defendant/applicant: Jill Remus
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 June 2009
Procedural Posture
Civil Litigation (trusts, Torts, Company Law, Contract) / Pre Trial Application Under Rule 19 to Strike Pleadings and for Particulars (motion Hearing)
Outcome
Application partly dismissed; defendant's motion dismissed in part and otherwise limited; pleadings to be amended as directed or conspiracy struck; no further particulars ordered; costs in the cause.
Legal Topics
Undue Influence, Conspiracy, Unjust Enrichment, Foss V. Harbottle / Derivative Action Rule, Particulars Under Rule 19(11), Limitation Period Dispute
Source Language
english
Trusts Tort Company Law Equity Civil Procedure Contract Law Undue Influence Conspiracy +4 more

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Parties

Lynn Mattson

Plaintiff/respondent

Jill Remus

Defendant/applicant

Procedural Posture

Civil Litigation (trusts, Torts, Company Law, Contract) / Pre Trial Application Under Rule 19 to Strike Pleadings and for Particulars (motion Hearing)

Legal Issues

  1. 1 Whether the statement of claim should be struck out in whole or in part under Rule 19
  2. 2 Adequacy of particulars supplied under Rule 19(11)
  3. 3 Whether conspiracy is properly pleaded or redundant given pleaded torts

Ratio Decidendi

The court held the plaintiff's pleadings are sufficiently pleaded to survive the Rule 19 attack: specific performance/damages under the Sisters' Agreement are adequately pleaded; the elements of conspiracy, undue influence and misrepresentation are pleaded though the plaintiff must elect between conspiracy and joint tort pleading or have the conspiracy struck; Foss v. Harbottle does not preclude the action at this stage because factual issues about whether benefits flowed to the company or the defendant must be determined at trial; limitation and postponement issues cannot be resolved on this Rule 19(24)(a) motion; particulars provided are sufficient for the present and no further...

Court Disposition

Application partly dismissed; defendant's motion dismissed in part and otherwise limited; pleadings to be amended as directed or conspiracy struck; no further particulars ordered; costs in the cause.

Orders

  • Defendant's motion to strike the statement of claim is dismissed with respect to the claim for specific performance and damages under the Sisters' Agreement
  • The plaintiff must elect between pleading joint commission of torts and pleading conspiracy; if the conspiracy pleading is not removed within 30 days it will be struck out