Giroux v. Canada

Giroux v. Canada

The motion is dismissed. The prothonotary did not err: the record did not establish negligence or abuse of power by the respondent; alleged false statements did not establish perjury such that relief under s.18.1(4)(e) required and, in any event, could amount to fraud only if shown; the applicant should have raised bad faith before the appeal board or pursued judicial review while the decision was operative, and failure to do so disentitles him to pursue delictual damages now; striking out part of the claim was correct and prior procedural rulings did not constitute res judicata.

Citation
2001 FCT 531
Parties
Plaintiff/applicant: Yvon Giroux; Defendant/respondent: Her Majesty in Right of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
25 May 2001
Procedural Posture
Simplified Action (civil) / Motion to Set Aside Prothonotary Order Dismissing Simplified Action; Appeal to Trial Division From Prothonotary
Outcome
Motion dismissed with costs
Legal Topics
Judicial Review Vs Action, Abuse of Power, Negligence, Defamation, Perjury/fraud, Motion to Strike, Standard of Review on Appeal From Prothonotary, Res Judicata, Simplified Action Procedure
Source Language
English
Administrative Law Tort Law Employment Law Civil Procedure Judicial Review Judicial Review Vs Action Abuse of Power Negligence +6 more

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Parties

Yvon Giroux

Plaintiff/applicant

Her Majesty in Right of Canada

Defendant/respondent

Procedural Posture

Simplified Action (civil) / Motion to Set Aside Prothonotary Order Dismissing Simplified Action; Appeal to Trial Division From Prothonotary

Legal Issues

  1. 1 Whether the prothonotary erred in assessing evidence as to respondent's negligence/abuse of power
  2. 2 Whether the prothonotary erred in treating alleged false statements as perjured evidence under s.18.1(4)(e) of the Federal Court Act
  3. 3 Whether the prothonotary erred in striking out part of the applicant's action (failure to raise bad faith before appeal board/judicial review)

Ratio Decidendi

The motion is dismissed. The prothonotary did not err: the record did not establish negligence or abuse of power by the respondent; alleged false statements did not establish perjury such that relief under s.18.1(4)(e) required and, in any event, could amount to fraud only if shown; the applicant should have raised bad faith before the appeal board or pursued judicial review while the decision was operative, and failure to do so disentitles him to pursue delictual damages now; striking out part of the claim was correct and prior procedural rulings did not constitute res judicata.

Court Disposition

Motion dismissed with costs

Orders

  • Motion dismissed with costs