Background: KB, deceived by Husak's false assurances, attended a gathering where she was intoxicated and sexually assaulted by Husak. This led to significant mental health issues for KB and emotional distress for the plaintiff.

Issues and Analysis

• Fraudulent Misrepresentation: Husak's defense argued that the claims did not disclose a reasonable cause of action and should be dismissed. The court acknowledged that the elements for a claim were met but questioned the connection between the representation and the emotional distress claimed.
• Negligent Infliction of Mental Distress: The court considered whether Husak owed a duty of care to the plaintiff due to his role in the events leading to KB's distress. The requirement for this claim emphasized direct exposure to the negligent act or its immediate aftermath, which was not met as the plaintiff was not present during the incident.

Held: The claims against Husak were struck out due to insufficient demonstration of a direct cause between Husak's actions and the plaintiff's emotional distress.

Costs/Awards: The document does not specify the amount awarded, if any, but states that costs should follow the event, meaning Husak could recover costs from the plaintiff.