Maliqi v. Canada

Maliqi v. Canada

The fresh as amended statement of claim is struck without leave to amend because the condition precedent requiring payment of the costs award was not satisfied, the claim is time-barred under s.32 of the CLPA (six-year limitation arising from events abroad), and, on the merits, the pleading discloses no reasonable cause of action in negligence or misfeasance as pleaded.

Citation
2024 FC 1979
Parties
Plaintiff: Adrian Maliqi; Defendants: His Majesty the King and Minister of Immigration, Refugees and Citizenship
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 December 2024
Procedural Posture
Civil Claim Against the Crown (immigration Related) / Motion to Strike at Pleadings Stage
Outcome
Fresh as amended statement of claim struck without leave to amend; costs awarded to defendants.
Legal Topics
Duty of Care, Negligence, Misfeasance in Public Office, Limitation Period, Costs, Motion to Strike
Source Language
English
Administrative Law Immigration Law Civil Procedure Tort Law Public Law Duty of Care Negligence Misfeasance in Public Office +3 more

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Parties

Adrian Maliqi

Plaintiff

His Majesty the King and Minister of Immigration, Refugees and Citizenship

Defendants

Procedural Posture

Civil Claim Against the Crown (immigration Related) / Motion to Strike at Pleadings Stage

Legal Issues

  1. 1 Whether the condition precedent of payment of costs was satisfied
  2. 2 Whether the fresh as amended statement of claim disclosed a reasonable cause of action
  3. 3 Whether the six-year limitation in s.32 of the CLPA barred the action

Ratio Decidendi

The fresh as amended statement of claim is struck without leave to amend because the condition precedent requiring payment of the costs award was not satisfied, the claim is time-barred under s.32 of the CLPA (six-year limitation arising from events abroad), and, on the merits, the pleading discloses no reasonable cause of action in negligence or misfeasance as pleaded.

Court Disposition

Fresh as amended statement of claim struck without leave to amend; costs awarded to defendants.

Orders

  • The fresh as amended statement of claim is struck, without leave to amend.
  • Costs of the motion are payable by the plaintiff to the defendants, fixed at $300.00.