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FRAUD AND MISREPRESENTATION - Pleadings - Pleading fraud and fraudulent misrepresentation - Sufficiency - Striking out statement of claim for absence of reasonable cause of action

Friday, March 24, 2017 @ 8:51 AM  

Appeal by the plaintiff, PP, from an order striking his statement of claim without leave to amend. The plaintiff and the defendant, DD, had a two-month relationship that involved several instances of consensual sexual intercourse. Based on their conversations, the plaintiff believed the defendant took birth control pills. Several weeks after the end of their relationship, the defendant advised the plaintiff that she was pregnant. Paternity testing confirmed that the plaintiff was the father. The plaintiff commenced a civil action against the defendant seeking damages for...