Plastic2Oil Inc (PTOI)

[Johnik]

and that there is an insufficient statement of claim for counts II and III, wich would leave it as a straightforward "I want more severance" case. I don't think that will fly... i don't think that evidence is neceesary in the Statement of Claim.

methinks this is a stalling tactic and the case will stand, but he may be right about personal jurisdiction. The personal liability of the CEO is the biggest threat to jBI and JB personally here...

Well, I do think a much better case could have been made for dismissal of count III (misrepresentation). The "state a claim" argument related back to the jurisdiction argument, rather than pick apart the facts alleged. A stalling tactic though? I definitely don't see that. Defenses should be raised at the outset of the litigation, and it is understandable to try to reduce this case to what really seems to be at issue--that is, an alleged breach of an employment contract.