Hahn v. Canada

Hahn v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2004-03-05 Neutral citation 2004 FCA 94 File numbers A-434-02 Decision Content Date: 20040305 Docket: A-434-02 Citation: 2004 FCA 94 CORAM: DÉCARY J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: KYU-BOM HAHN JI-JONG LEE (MOTHER) Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent Heard at Ottawa, Ontario, on March 3, 2004. Judgment delivered at Ottawa, Ontario, on Marcy 5, 2004. REASONS FOR JUDGMENT BY: DÉCARY J.A. CONCURRED IN BY: SEXTON J.A. SHARLOW J.A. Date: 20040305 Docket: A-434-02 Citation: 2004 FCA 94 CORAM: DÉCARY J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: KYU-BOM HAHN JI-JONG LEE (MOTHER) Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT DÉCARY J.A. [1] This is an appeal from a decision of Blanchard J. (2002 FCT 788) allowing with costs the motion of the respondent and striking out in its entirety without leave to amend the statement of claim filed by the appellant. [2] The learned judge found that the statement of claim discloses no reasonable cause of action and has not the slightest chance of success. He found, in addition, that the claim is prejudicial as well as futile and not susceptible of leading to a legal remedy with respect to the facts alleged. He went on to state that "The Crown cannot respond to the claim as pleaded nor could the Court regulate the conduct of such action". [3] These are findings of law and of fact with which I am not prepared to interfere. The appellant's written and oral submissions to this Court fail to identify any reviewable error that would have been committed by the motions judge. [4] The appeal should be dismissed with costs here and below. I would award costs in favour of the respondent in the amount of $300 for the appeal, in addition to the costs in the amount of $250 already awarded in the Trial Division. "Robert Décary" J.A. "I agree. J. Edgar Sexton, J.A." "I agree. K. Sharlow, J.A." FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-434-02 APPEAL FROM AN ORDER OF MR. JUSTICE BLANCHARD OF THE FEDERAL COURT, DATED JULY 15, 2002 IN COURT FILE NUMBER T-193-02 STYLE OF CAUSE: KYU-BOM HAHN, JI-JONG LEE (MOTHER) v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA PLACE OF HEARING: OTTAWA, ONTARIO DATE OF HEARING: MARCH 3, 2004 REASONS FOR JUDGMENT: DÉCARY J.A. CONCURRED IN BY: SEXTON J.A., SHARLOW J.A. DATED: MARCH 5, 2004 APPEARANCES: Mr. Kyu-Bom Hahn APPELLANT Ms. Monika Lozinska FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. Kyu-Bom Hahn Ottawa, Ontario APPELLANT Morris Rosenberg, Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT