Bellosillo v. Canada

Bellosillo v. Canada

The Associate Judge did not err in striking the Statement of Claim without leave to amend because the pleading lacked the necessary particulars to disclose a reasonable cause of action for breach of contract, failed to plead any Charter breach warranting s.24(1) relief, and could not support injunctive or structural remedies; the defects were fundamental and incurable by amendment, so the appeal is dismissed and the Associate Judge's order is affirmed.

Citation
2025 FC 137
Parties
Plaintiff (moving Party): A. John Bellosillo; Defendant (responding Party): His Majesty the King
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 January 2025
Procedural Posture
Appeal From Associate Judge's Order Striking Statement of Claim / Judgment on Appeal
Outcome
Appeal dismissed without costs
Legal Topics
Motion to Strike, Leave to Amend, Charter Remedies (s24(1)), Injunctive Relief, Search and Seizure, Costs, Self Represented Litigant Obligations
Source Language
English
Civil Procedure Constitutional Law Administrative Law Contract Law Corrections/prison Law Motion to Strike Leave to Amend Charter Remedies (s24(1)) +4 more

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Parties

A. John Bellosillo

Plaintiff (moving Party)

His Majesty the King

Defendant (responding Party)

Procedural Posture

Appeal From Associate Judge's Order Striking Statement of Claim / Judgment on Appeal

Legal Issues

  1. 1 Whether the Associate Judge erred in striking the Statement of Claim without leave to amend
  2. 2 Whether the Statement of Claim disclosed a reasonable cause of action for breach of contract
  3. 3 Whether Charter remedies under s.24(1) and injunctive relief were appropriately pleaded

Ratio Decidendi

The Associate Judge did not err in striking the Statement of Claim without leave to amend because the pleading lacked the necessary particulars to disclose a reasonable cause of action for breach of contract, failed to plead any Charter breach warranting s.24(1) relief, and could not support injunctive or structural remedies; the defects were fundamental and incurable by amendment, so the appeal is dismissed and the Associate Judge's order is affirmed.

Court Disposition

Appeal dismissed without costs

Orders

  • Appeal dismissed without costs
  • Associate Judge's order striking the Statement of Claim with no leave to amend is affirmed