Background:

• 10066055 Manitoba Ltd. purchased a leasehold interest in property within Riding Mountain National Park, believing it could develop the property for commercial purposes. However, the Plaintiff encountered disagreements with Parks Canada over the permitted uses, leading to a claim for damages for breach of contract.

Legal Issues:

1. Whether the Plaintiff's claim disclosed a reasonable cause of action.
2. Whether the claim constituted an abuse of process.
3. Whether the Plaintiff should be granted leave to amend the Statement of Claim.

Court’s Analysis and Decision:

• The court granted the motion to strike the claim in part, finding that the Statement of Claim failed to plead necessary material facts to establish a cause of action for breach of the duty of honest performance in contract. However, the court granted leave to amend, suggesting the possibility to cure the defects in the pleadings.
• The court rejected the Defendant's argument that the claim was an abuse of process, allowing the Plaintiff to proceed with an amended claim.

Outcome:

• The Statement of Claim was struck out with leave to amend, providing the Plaintiff an opportunity to correct deficiencies in the claim.
• The Plaintiff was ordered to pay costs of $850 to the Defendant, reflecting the partial success of the Defendant’s motion to strike.