Factual Background:

1. Project Delays: Dunpar Homes faced significant delays in their Streetsville Centre housing project in Mississauga, leading to millions of dollars in losses.
2. Allegations Against Defendants: Dunpar Homes alleges that the City of Mississauga and Ezio Savini, the Chief Building Official, acted maliciously, recklessly, or negligently in reviewing building permit applications.

Legal Proceedings:

1. Claims: Dunpar Homes sues for over $10 million in damages for misfeasance in public office and negligence.
2. Defendants' Motion: Defendants moved to strike Dunpar Homes’s claim, arguing it discloses no reasonable cause of action.
3. Court's Decision: The motion to strike the claim was dismissed, with the court ordering the defendants to pay $15,000 in costs to Dunpar Homes.

Key Legal Points:

1. Misfeasance in Public Office: The court analyzed whether Dunpar Homes sufficiently pleaded the elements of this tort, including the defendants' deliberate engagement in unlawful acts and knowledge of potential harm to Dunpar Homes.
2. Negligence: The court considered whether the defendants owed a duty of care to Dunpar Homes, breached that standard of care, and caused damages.
3. Duty of Care: The claim for negligence was based on the City’s vicarious liability for Savini’s conduct.
4. Precedents: The court referenced similar cases, noting the high standard for striking a pleading and emphasizing the need for cases to be determined on their merits at trial.

Outcome:

• The court dismissed the defendants' motion to strike the plaintiff's claim, allowing the case to proceed to trial.
• The defendants were ordered to pay partial indemnity costs to Dunpar Homes.