Dowling v. Canada
The motion was dismissed because the Court had already struck out the plaintiff's statement of claim and dismissed his action, rendering the motion unnecessary.
Source-derived case information.
- Citation
- 2004 FC 1406
- Parties
- Plaintiff: Stéphane Dowling; Defendant: Her Majesty the Queen
- Court
- Federal Court
- Jurisdiction
- Canada
- Judgment Date
- 13 October 2004
- Procedural Posture
- Civil Action / Motion for Judgment for Failure to File a Defence Motion Dismissed
- Outcome
- Motion dismissed without costs
- Legal Topics
- Default Judgment, Striking Out Statement of Claim, Dismissal
- Source Language
- english
Civil Procedure Default Judgment Striking Out Statement of Claim Dismissal
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Legal principles 2 Party arguments 2
Parties
Stéphane Dowling
Plaintiff
Her Majesty the Queen
Defendant
Procedural Posture
Civil Action / Motion for Judgment for Failure to File a Defence Motion Dismissed
Legal Issues
- 1 Whether judgment should be entered for failure to file a defence
- 2 Whether the motion was moot due to the Court's order striking out the statement of claim and dismissing the action
Ratio Decidendi
The motion was dismissed because the Court had already struck out the plaintiff's statement of claim and dismissed his action, rendering the motion unnecessary.
Court Disposition
Motion dismissed without costs
Orders
- Motion dismissed without costs.
- Statement of claim struck out and action dismissed (order also dated October 13, 2004).
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