Pelletier v. Canada

Pelletier v. Canada

The Amended Statement of Claim was struck in full without leave to amend because it failed to plead material facts with sufficient particularity, relied on speculation and inadmissible evidence, advanced conspiracy-based theories incapable of objective proof and thus disclosed no reasonable cause of action; the Vander Zalm Access to Information documents could not be used to circumvent prior evidentiary rulings; costs were awarded to the Defendant as an exception to Rule 334.39(1).

Citation
2020 FC 1019
Parties
Plaintiff (responding Party): Dan Pelletier; Defendant (moving Party): Her Majesty the Queen (Canada)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
2 November 2020
Procedural Posture
Proposed Class Proceeding Civil Claim (motion to Strike / Alternative Summary Judgment) / Motion to Strike and Alternative Motion for Summary Judgment (judgment)
Outcome
Motion to strike granted in full without leave to amend; costs awarded to Defendant
Legal Topics
Motion to Strike, Summary Judgment, Charter S.2 and S.7, Negligence, Nuisance, Trespass, Admissibility of Evidence, Costs
Source Language
English
Civil Procedure Class Actions Tort Law Constitutional Law Evidence Law Administrative Law Motion to Strike Summary Judgment +6 more

Case Brief

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Parties

Dan Pelletier

Plaintiff (responding Party)

Her Majesty the Queen (Canada)

Defendant (moving Party)

Procedural Posture

Proposed Class Proceeding Civil Claim (motion to Strike / Alternative Summary Judgment) / Motion to Strike and Alternative Motion for Summary Judgment (judgment)

Legal Issues

  1. 1 Admissibility of Access to Information document as admitted fact under Rules 255/256
  2. 2 Whether Amended Statement of Claim discloses a reasonable cause of action
  3. 3 Whether the Amended Statement of Claim is scandalous, frivolous or vexatious

Ratio Decidendi

The Amended Statement of Claim was struck in full without leave to amend because it failed to plead material facts with sufficient particularity, relied on speculation and inadmissible evidence, advanced conspiracy-based theories incapable of objective proof and thus disclosed no reasonable cause of action; the Vander Zalm Access to Information documents could not be used to circumvent prior evidentiary rulings; costs were awarded to the Defendant as an exception to Rule 334.39(1).

Court Disposition

Motion to strike granted in full without leave to amend; costs awarded to Defendant

Orders

  • Amended Statement of Claim struck out without leave to amend
  • Costs awarded to Defendant in the amount of $3,500.00