In the case of Ramirez v. Ledn Inc. dated June 20, 2023, the defendants, Lend Inc., Lend (Canada) Inc., Lend Capital Inc., Lend Hold I (GP) Inc., Mauricio Di Bartolomeo, Sep AlaviI, Manuel Stotz, Adam Jonathon Reeds, and John Doe Cryptocurrency Exchange, who had sold the bitcoin, moved to have the Plaintiff’s, Diego Fernando Romero Ramirez Statement of Claim, which pleaded thirteen causes of action, struck pursuant to Rule 21 of the Rules of Civil Procedure. The court struck out the Statement of Claim with leave to deliver a Fresh as Amended Statement of Claim. The principal reason for striking the Plaintiff’s Statement of Claim was that it was plain and obvious that the pleaded material facts were fiction.
The plaintiff was directed to deliver a Fresh as Amended Statement of Claim, deleting the names of certain Defendants and the claims against them. The claims for conversion, breach of the Competition Act, and intentional infliction of mental harm were also struck out and not included in the Fresh as Amended Statement of Claim.
Mr. Ramirez sued several Defendants, seeking the return of 10 bitcoins or damages of $1.0 million for the loss of the bitcoins. The Defendants, except for Ledn Inc., Mr. Alavi, and John Doe Cryptocurrency Exchange, moved to strike out the Amended Statement of Claim without leave to amend as against them.
The court ruled that Mr. Ramirez’s Statement of Claim should be struck out with leave to amend because it was fiction.