CIVIL PROCEDURE - Associations, societies and clubs - Striking out pleadings or allegations

Law360 Canada ( May 23, 2018, 8:43 AM EDT) -- Applications by the defendants to strike the plaintiff's claim. The plaintiff commenced a proposed class action on behalf of all British Columbian taxpayers alleging that the defendant Government as led by the defendant political party engaged in taxpayer-funded partisan and non-essential advertising. The plaintiff further claimed that the party committed conversion by using tax dollars to fund the partisan and non-essential advertising, engaged in a conspiracy to commit the conversion and was unjustly enriched as a result of the conversion of tax dollars. He claimed that the government breached its fiduciary duty to taxpayers by diverting tax dollars to the Party and also engaged in conversion. The Party sought to strike the action on the basis that it was not a proper defendant in the action and, even if it were, that the plaintiff failed to plead the facts necessary to ground claims of conversion, conspiracy and unjust enrichment alleged against the Party....
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