Canada v. Smiling Spruce Farms Ltd.

Canada v. Smiling Spruce Farms Ltd.

The prothonotary's decision to strike the defence was within her discretion and not a clear misuse of discretion; the plaintiff's statement of claim was not struck because the delay did not satisfy the three-part test and was attributable in part to the defendant and was managed through case management.

Citation
2003 FC 1238
Parties
Respondent (plaintiff): Her Majesty the Queen; Defendant (corporate): Smiling Spruce Farms Ltd.; Applicant (defendant): Walter Theodore Bartel
Court
Federal Court
Jurisdiction
Canada
Judgment Date
24 October 2003
Procedural Posture
Civil / Interlocutory Appeal of Prothonotary Order and Motion to Strike Statement of Claim
Outcome
Appeal dismissed; motion to strike plaintiff's statement of claim dismissed; no order as to costs.
Legal Topics
Striking Defence, Striking Statement of Claim for Delay, Standard of Review of Prothonotary Discretion, Case Management Directions
Source Language
English
Civil Procedure Case Management Abuse of Process Striking Defence Striking Statement of Claim for Delay Standard of Review of Prothonotary Discretion Case Management Directions

Case Brief

Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Respondent (plaintiff)

Smiling Spruce Farms Ltd.

Defendant (corporate)

Walter Theodore Bartel

Applicant (defendant)

Procedural Posture

Civil / Interlocutory Appeal of Prothonotary Order and Motion to Strike Statement of Claim

Legal Issues

  1. 1 Whether the prothonotary's order striking the applicant's statement of defence should be set aside
  2. 2 Whether the plaintiff's statement of claim should be struck for delay and prejudice
  3. 3 What standard governs interference with a prothonotary acting as case management judge

Ratio Decidendi

The prothonotary's decision to strike the defence was within her discretion and not a clear misuse of discretion; the plaintiff's statement of claim was not struck because the delay did not satisfy the three-part test and was attributable in part to the defendant and was managed through case management.

Court Disposition

Appeal dismissed; motion to strike plaintiff's statement of claim dismissed; no order as to costs.

Orders

  • Appeal from Prothonotary Aronovitch's Order dated September 29, 2003 dismisssed; order striking Mr. Bartel's statement of defence stands
  • Motion to strike the plaintiff's statement of claim dismissed