Baxter v. Canada

Baxter v. Canada

The plaintiff's claim is frivolous and vexatious, discloses no genuine issue for trial and cannot be cured by amendment; accordingly the Crown's motion for summary judgment is granted, the plaintiff's motion to amend is denied, and costs are awarded to the Crown.

Citation
2008 FC 1335
Parties
Applicant: Donald Baxter; Respondent: Her Majesty the Queen
Court
Federal Court
Jurisdiction
Canada
Judgment Date
2 December 2008
Procedural Posture
Federal Court Civil Action (mortgage/public Law) / Motions: Summary Judgment by Crown and Applicant's Motion to Amend Pleadings Under Rule 369
Outcome
Claim dismissed on summary judgment; motion to amend denied; costs awarded to Crown.
Legal Topics
Summary Judgment, Simplified Action, Mortgage Lending, Limitation/time Bar, Frivolous and Vexatious Pleadings
Source Language
English
Civil Procedure Administrative Law Property Law Public Law Summary Judgment Simplified Action Mortgage Lending Limitation/time Bar +1 more

Case Brief

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Parties

Donald Baxter

Applicant

Her Majesty the Queen

Respondent

Procedural Posture

Federal Court Civil Action (mortgage/public Law) / Motions: Summary Judgment by Crown and Applicant's Motion to Amend Pleadings Under Rule 369

Legal Issues

  1. 1 Whether the plaintiff's claim discloses a genuine issue for trial
  2. 2 Whether leave should be granted to amend the originating document to include 'simplified action'
  3. 3 Whether the Crown is entitled to summary judgment dismissing the action

Ratio Decidendi

The plaintiff's claim is frivolous and vexatious, discloses no genuine issue for trial and cannot be cured by amendment; accordingly the Crown's motion for summary judgment is granted, the plaintiff's motion to amend is denied, and costs are awarded to the Crown.

Court Disposition

Claim dismissed on summary judgment; motion to amend denied; costs awarded to Crown.

Orders

  • The Crown's motion for summary judgment in this matter is granted and Mr. Baxter's claim is summarily dismissed.
  • Mr. Baxter's motion for an amendment to his pleadings is denied.