Noddle v. Canada

Noddle v. Canada Court (s) Database Federal Court Decisions Date 2016-08-25 Neutral citation 2016 FC 969 File numbers T-1196-16 Decision Content Date: 20160825 Docket: T-1196-16 Citation: 2016 FC 969 Ottawa, Ontario, August 25, 2016 PRESENT: The Honourable Mr. Justice Locke BETWEEN:

DARREN ROSS NODDLE Plaintiff and

HER MAJESTY THE QUEEN Defendant

JUDGMENT AND REASONS [1] UPON motion in writing by the defendant for, among other things, an Order striking out the statements of claim in court file numbers T-1081-16, T-1195-16, and T-1196-16 in their entirety, without leave to amend; [2] AND HAVING considered the defendant’s submissions; [3] AND BEING satisfied that service of the defendant’s motion record was made upon the plaintiff as contemplated in the Order of Prothonotary Mireille Tabib dated August 11, 2016; [4] AND NOTING the absence of any responding motion materials on behalf of the plaintiff served and filed within the delay contemplated by Prothonotary Tabib; [5] AND BEING satisfied that the allegations made in the statements of claim in issue are substantially the same as those made in many other proceedings, before both this Court and other courts, that have been dismissed as an abuse of process;

JUDGMENT THIS COURT’S JUDGMENT is that: 1. The plaintiff’s statements of claim in court file numbers T-1081-16, T-1195-16, and T-1196-16 are struck out without leave to amend.

2. The actions in the above-listed files are dismissed.

3. Costs of the motion have been addressed in court file number T-1081-16. “George R. Locke” Judge

FEDERAL COURT

SOLICITORS OF RECORD DOCKET: T-1196-16 STYLE OF CAUSE: DARREN ROSS NODDLE v HER MAJESTY THE QUEEN MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES REASONS FOR JUDGMENT AND JUDGMENT: LOCKE J. DATED: August 25, 2016 SUBMISSIONS: Ms. Christa Hook For The Defendant SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada Vancouver, British Columbia For The Defendant