Hanson et al. v. Johnson et al.

Hanson et al. v. Johnson et al.

The appeal was dismissed because the courts below correctly concluded that the statement of claim was not shown to disclose no reasonable claim nor to be scandalous, frivolous or vexatious; therefore the motion to strike was properly dismissed and the decision below was correct.

Citation
[1982] 1 SCR 619
Parties
Appellant: Peter J. Hanson; Appellant: Administrator of the Yukon Territory; Respondent: Sam Johnson; Respondent: Mark Hoffman; Respondent: Ray Wotton
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 May 1982
Procedural Posture
Civil Action (motion to Strike Out) / Appeal to the Supreme Court of Canada From the Yukon Court of Appeal Concerning Dismissal of an Application to Strike Out the Writ and Statement of Claim
Outcome
Appeal dismissed with costs
Legal Topics
Strike Out, Scandalous Frivolous and Vexatious, Statement of Claim, Yukon Supreme Court Rules
Source Language
English
Civil Procedure Practice and Procedure Strike Out Scandalous Frivolous and Vexatious Statement of Claim Yukon Supreme Court Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Peter J. Hanson

Appellant

Administrator of the Yukon Territory

Appellant

Sam Johnson

Respondent

Mark Hoffman

Respondent

Ray Wotton

Respondent

Procedural Posture

Civil Action (motion to Strike Out) / Appeal to the Supreme Court of Canada From the Yukon Court of Appeal Concerning Dismissal of an Application to Strike Out the Writ and Statement of Claim

Legal Issues

  1. 1 Whether the statement of claim disclosed no reasonable claim
  2. 2 Whether the statement of claim was scandalous, frivolous and vexatious
  3. 3 Whether the motion to strike under the Yukon Supreme Court Rules should have been granted

Ratio Decidendi

The appeal was dismissed because the courts below correctly concluded that the statement of claim was not shown to disclose no reasonable claim nor to be scandalous, frivolous or vexatious; therefore the motion to strike was properly dismissed and the decision below was correct.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Order below dismissing application to strike out the writ and statement of claim upheld