Pellikaan v. Canada

Pellikaan v. Canada

The statement of claim was struck out and the action dismissed because the pleading lacked the requisite material facts and particulars, was fundamentally vexatious and an abuse of process, and no curative amendment was possible given the plaintiff's inability to particularize despite court directions; therefore it was plain and obvious the action could not succeed.

Citation
2002 FCT 221
Parties
Plaintiff: Arjen Pellikaan; Defendant: Her Majesty the Queen
Court
Federal Court
Jurisdiction
Canada
Judgment Date
27 February 2002
Procedural Posture
Civil Action / Motion to Strike Statement of Claim at Trial Division
Outcome
Statement of claim struck out and action dismissed without leave to amend
Legal Topics
Charter S.15 Discrimination, Pleading Requirements, Strike Out for Want of Particulars, Conspiracy (tort), Jurisdiction and Stays on Appeal
Source Language
English
Constitutional Law Administrative Law Civil Procedure Tort Law Charter S.15 Discrimination Pleading Requirements Strike Out for Want of Particulars Conspiracy (tort) +1 more

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Parties

Arjen Pellikaan

Plaintiff

Her Majesty the Queen

Defendant

Procedural Posture

Civil Action / Motion to Strike Statement of Claim at Trial Division

Legal Issues

  1. 1 Whether the statement of claim discloses a reasonable cause of action
  2. 2 Whether the pleading contains required material facts and particulars
  3. 3 Whether the proceeding is vexatious and should be struck out

Ratio Decidendi

The statement of claim was struck out and the action dismissed because the pleading lacked the requisite material facts and particulars, was fundamentally vexatious and an abuse of process, and no curative amendment was possible given the plaintiff's inability to particularize despite court directions; therefore it was plain and obvious the action could not succeed.

Court Disposition

Statement of claim struck out and action dismissed without leave to amend

Orders

  • Statement of claim struck out
  • Action dismissed