Background:

• Company: D.D. Technology, Inc. (DDT US), incorporated in Washington.
• Shares: Orlande Sivacoe issued 500 shares; Terry O'Connor received 500 shares but did not pay for them.
• Rescission Agreement (2015): Terry agreed to rescind his shares; disputes resolved in Skagit County, Washington.
• Florida Action: Lawsuit involving DDT US properties in Florida, settled by Sivacoe's estate representatives.

Claims:

• Plaintiff: Ownership of 50% of DDT US shares despite the Rescission Agreement; alleges negligence by Patrick in the Florida Action settlement.
• Defendant: Argues Alberta court lacks jurisdiction; seeks to strike claims under Alberta Rules of Court, rule 3.68.

Court's Decision:

1. Florida Action Claims:
   • Not "plain and obvious" the claim fails; thus, not struck.
   • Terry should reconsider based on admitted facts.
2. Ownership of DDT US Shares:
   • Jurisdiction: Accepted, but court questions exercising it.
   • Forum Selection Clause: Enforceable, favoring Washington jurisdiction.
   • Plaintiff's Burden: Terry failed to show strong reasons against the clause.

Conclusion:

• Florida Action Claims: Application to strike dismissed.
• Ownership Claims: Struck due to enforceable forum selection clause.
• Costs: Each party bears its own costs due to divided success. There was no specific monetary award or damages granted in this decision.