Sharafabadi v. Canada

Sharafabadi v. Canada

The Prothonotary correctly applied the law: the plaintiff's pleadings were inadequate to support a cause of action against Mr. Foster and were properly struck; the summary judgment motion was improperly filed after the strike motion and dismissal was appropriate; the case management directions were fair. Accordingly the appeal fails and costs are warranted for the plaintiff's scandalous, unsubstantiated allegations.

Citation
2009 FC 976
Parties
Appellant (plaintiff): Soheil K. Sharafabadi; Respondent (defendant): Her Majesty the Queen in Right of Canada as represented by the Minister of Agriculture and Agri-Food Canada (AAFC); Respondent (defendant): Canadian Mustard Association; Respondent (defendant): Mr. Steve Foster
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 September 2009
Procedural Posture
Appeal to Federal Court / Appeal Under Federal Courts Rules (rules 369 and 51) From Case Management Directions, Order Striking Statement of Claim and Denial of Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Motion to Strike, Summary Judgment, Case Management, Costs
Source Language
English
Civil Procedure Motion to Strike Summary Judgment Case Management Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Soheil K. Sharafabadi

Appellant (plaintiff)

Her Majesty the Queen in Right of Canada as represented by the Minister of Agriculture and Agri-Food Canada (AAFC)

Respondent (defendant)

Canadian Mustard Association

Respondent (defendant)

Mr. Steve Foster

Respondent (defendant)

Procedural Posture

Appeal to Federal Court / Appeal Under Federal Courts Rules (rules 369 and 51) From Case Management Directions, Order Striking Statement of Claim and Denial of Summary Judgment

Legal Issues

  1. 1 Whether the Prothonotary erred in striking the statement of claim against Mr. Steve Foster
  2. 2 Whether the Prothonotary erred in dismissing the plaintiff's summary judgment motion
  3. 3 Whether the case management directions were appealable and/or irregular

Ratio Decidendi

The Prothonotary correctly applied the law: the plaintiff's pleadings were inadequate to support a cause of action against Mr. Foster and were properly struck; the summary judgment motion was improperly filed after the strike motion and dismissal was appropriate; the case management directions were fair. Accordingly the appeal fails and costs are warranted for the plaintiff's scandalous, unsubstantiated allegations.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs payable to the Defendants, the Canadian Mustard Association and Mr. Steve Foster in the amount of $1000 payable forthwith.