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The Federal Court struck Richard Cannon’s claim against Canada, finding no reasonable cause of action was pleaded and denying leave to amend.
The court struck most of the plaintiff’s pleading for prolixity, missing material facts, statute-barred claims, and abuse of process, and awarded special costs to the defendant.
Extension of time to appeal was denied because the moving party failed to demonstrate a firm intention to appeal within the appeal period and the proposed appeal lacked merit on the material before the motions judge; the statement of claim failed to plead particulars sufficient to support malicious prosecution, slander or intentional infliction of harm and the moving party failed to show entitlement to admit additional evidence as fresh evidence; limited extension only for the issue of entitlement to punitive damages was allowed.
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