Background:

• Issue: Defendants, Shell Canada Products and Tosh Skalosky, sought to strike the claim against Skalosky personally under Rules 21.01(1)(b) and 25.11 of the Rules of Civil Procedure, arguing no reasonable cause of action was pleaded.

Defendants’ Arguments:

• Skalosky, a Shell employee, was improperly named as a defendant without distinct allegations of personal liability.
• The claim contained conclusory and undifferentiated allegations against him.
• Tran v. University of Western Ontario (2015 ONCA 295) held that claims against employees must be supported by specific material facts.
• Shell undertook to cover any damages from Skalosky’s alleged misrepresentations.

Plaintiffs’ Arguments:

• Under Sataur v. Starbucks (2017 ONCA 1017), employees can be held personally liable for their wrongful conduct.
• Pleadings should be read generously, allowing for drafting deficiencies (Wellington v. Ontario, 2011 ONCA 274).
• Particulars provided identified misrepresentations by Skalosky.

Court’s Decision:

• Claim Struck: Plaintiffs, Soneri Investments Inc. and Quick Stop Ontario Inc., failed to allege that Skalosky acted outside his employment or had a separate interest from Shell.
• Leave to Amend: Plaintiffs may revise their pleadings under Rule 26.01.
• Costs: Each party bears their own costs as the outcome was mixed.