Collins v. Canada (Attorney General)

Collins v. Canada (Attorney General)

The Statement of Claim was struck because, read holistically and assuming pleaded facts true, it discloses no reasonable cause of action against the Attorney General of Canada: the substantive claims are against Canada Post or its employees who are not Crown servants and therefore do not establish liability or...

Source-derived case information.

Citation
2024 FC 1250
Parties
Plaintiff / Responding Party: R. Maxine Collins; Defendant / Moving Party: Attorney General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 August 2024
Procedural Posture
Civil Action (simplified Action Converted; Motion to Strike) / Motion in Writing Under Rule 369 Decided (motion to Strike; Statement of Claim Struck)
Outcome
Defendant's motion granted; action removed from simplified action rules; Statement of Claim struck without leave to amend; costs awarded to Defendant.
Legal Topics
Motion to Strike, Jurisdictional Limits (s.17 Fca), Vicarious Liability, Simplified Action Rules (rules 294 299), Costs, Systemic Bias Allegations
Source Language
english
Federal Court Procedure Crown Liability Administrative Law Constitutional Law Privacy Law Civil Torts Motion to Strike Jurisdictional Limits (s.17 Fca) +4 more

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Parties

R. Maxine Collins

Plaintiff / Responding Party

Attorney General of Canada

Defendant / Moving Party

Procedural Posture

Civil Action (simplified Action Converted; Motion to Strike) / Motion in Writing Under Rule 369 Decided (motion to Strike; Statement of Claim Struck)

Legal Issues

  1. 1 Whether an oral hearing was required
  2. 2 Whether the Notice of Motion improperly sought "further and other relief" contrary to rules
  3. 3 Whether allegations of systemic bias could be considered on this motion

Ratio Decidendi

The Statement of Claim was struck because, read holistically and assuming pleaded facts true, it discloses no reasonable cause of action against the Attorney General of Canada: the substantive claims are against Canada Post or its employees who are not Crown servants and therefore do not establish liability or jurisdiction against the AGC; removal from the simplified action rules was appropriate to allow the dispositive motion; leave to amend would not cure the jurisdictional defect.

Court Disposition

Defendant's motion granted; action removed from simplified action rules; Statement of Claim struck without leave to amend; costs awarded to Defendant.

Orders

  • The Defendant’s motion is granted.
  • The action is removed from the operation of rules 292-294 of the Federal Courts Rules, SOR/98-106.