Is there any case law in favour of striking a claim against CIBC?
British Columbia, Canada
The following excerpt is from Everest Canadian Properties Ltd. et al. v. Mallmann et al., 2006 BCSC 270 (CanLII):
CIBC submits that the allegations made by Everest against CIBC offend against the rule in Foss v. Harbottle (1843), 2 Hare 461, and accordingly, that the claim must be struck for disclosing no reasonable cause of action. Everest submits first, that the matter cannot be determined in the absence of evidence regarding the nature of the REIT and the rights of its beneficiaries. Such evidence is not admissible in the present application. Everest submits second, that the rule in Foss v. Harbottle has no application to actions brought by beneficiaries to a trust and that in any event, the circumstances of the present case fall within exceptions to the rule. RULE 19(24)
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