T-1900-96
B E T W E E N:
KEYVAN NOURHAGHIGHI
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
The motion before me was made in writing by the defendant seeking among other things an order striking out the Statement of Claim because it is alleged that it reveals no cause of action.
The relevant Rule is 419, the first words of that Rule are "The Court may at any stage of an action order any pleading .... struck out, ... .", it is quite apparent that such a motion may be brought before filing a defence. The circumstances of this case are a very good illustration of the correctness of the Rule, because the defendant would not know what claim within the jurisdiction of the Court they should defend against by filing a Statement of Defence.
Under Rule 419(2) no evidence is admissible in determining whether a Statement of Claim should be struck out under Rule 419(1)(a). Where a Statement of Claim fails to set out in some logical order a cause of action it will be struck out. Where there is some indication that a cause of action might exist, but it has not been properly set out, leave will be given to file a fresh Statement of Claim. Here, there is not the least clue as to the existence of a cause of action within the jurisdiction of this Court. The Statement of Claim must therefore be struck out without leave to amend and the action must logically be dismissed as a result.
ORDER
The Statement of Claim is struck out as revealing no cause of action, and the action is dismissed.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
March 27, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-1900-96
STYLE OF CAUSE: KEYVAN NOURHAGHIGHI
- and -
HER MAJESTY THE QUEEN
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: MARCH 27, 1997
SOLICITORS OF RECORD:
Keyvan Nourhaghighi
608-456 College Street
Toronto, Ontario
M6G 4A3
Solicitor for the Plaintiff
P. Christopher Parke
Department of Justice
George Thomson
Deputy Attorney General
of Canada
For the Defendant
FEDERAL COURT OF CANADA
Court No. T-1900-96
Between:
KEYVAN NOURHAGHIGHI
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER & ORDER