Doan v. Canada

Doan v. Canada

The motion is dismissed because it is plain and obvious the Re-Re-Amended Statement of Claim fails the threshold: the pleadings do not disclose a reasonable cause of action (no pleaded material facts that RCMP searched for, saw or copied class members' images; institutional Crown liability is impermissible absent servant fault), the proposed class is not identifiable, there is insufficient evidentiary basis for common questions or preferability, and the proposed representative is inadequate; leave to amend is denied as defects are incurable in the circumstances.

Citation
2023 FC 968
Parties
Applicant/plaintiff: HA VI DOAN; Respondent/defendant: HIS MAJESTY THE KING
Court
Federal Court
Jurisdiction
Canada
Judgment Date
18 July 2023
Procedural Posture
Class Action Certification Motion / Motion for Certification (dismissed)
Outcome
Motion for certification dismissed without leave to amend; no costs awarded.
Legal Topics
Section 8 Charter Seizure, Intrusion Upon Seclusion, Vicarious Liability of the Crown, Certification Criteria (rule 334.16), Reasonable Cause of Action/plain and Obvious Test, Identifiable Class and Common Issues, Preferable Procedure, Moral Rights
Source Language
English
Class Actions Constitutional Law Privacy Law Tort Law Intellectual Property / Copyright Law Administrative Law Section 8 Charter Seizure Intrusion Upon Seclusion +6 more

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Parties

HA VI DOAN

Applicant/plaintiff

HIS MAJESTY THE KING

Respondent/defendant

Procedural Posture

Class Action Certification Motion / Motion for Certification (dismissed)

Legal Issues

  1. 1 Whether the pleadings disclose a reasonable cause of action
  2. 2 Whether there was a s.8 Charter seizure of personal biometric information
  3. 3 Whether Crown/RCMP institutional liability can be established absent servant fault

Ratio Decidendi

The motion is dismissed because it is plain and obvious the Re-Re-Amended Statement of Claim fails the threshold: the pleadings do not disclose a reasonable cause of action (no pleaded material facts that RCMP searched for, saw or copied class members' images; institutional Crown liability is impermissible absent servant fault), the proposed class is not identifiable, there is insufficient evidentiary basis for common questions or preferability, and the proposed representative is inadequate; leave to amend is denied as defects are incurable in the circumstances.

Court Disposition

Motion for certification dismissed without leave to amend; no costs awarded.

Orders

  • Motion for certification dismissed
  • No costs awarded