The Court struck out paragraphs of the re-amended statement of claim alleging breach of fiduciary duty by a discretionary trustee for failing to give real and genuine consideration to distributions in favour of the plaintiffs. The pleading was struck out as embarrassing under O 20 r 19(1)(c) because it failed to particularise the circumstances founding the inference of lack of genuine consideration — specifically, it did not address the familial relationships between each plaintiff and the directors at the relevant times, why the trustee was not otherwise informed of the plaintiffs' circumstances, or why the differing positions of primary and general beneficiaries warranted identical treatment. Separately, paragraphs alleging the trustee failed to procure APCC to declare a dividend to discharge a mortgage were struck out under O 20 r 19(1)(a) for failing to disclose a reasonable cause of action, as the pleading did not articulate the shareholder power to compel a dividend or how appointing a single director would achieve that result. Leave to replead was granted on all struck-out paragraphs.
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