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The Tax Court struck specified paragraphs of the Amended Notice of Appeal, holding they alleged CRA misconduct, Charter breaches, and relief outside its jurisdiction.
The Tax Court partially granted a motion to strike portions of an amended notice of appeal in an SR&ED dispute, striking later-year allegations but allowing amendment.
The Tax Court struck several reply paragraphs that mainly repeated statutory language, but allowed the appeal paragraphs challenging dividend quantum to stand.
The Tax Court struck Gordon Denning’s fresh amended notice of appeal for failing to disclose reasonable grounds, but allowed a final further amendment under tight limits.
The Tax Court bifurcated Denning’s 2006 appeal into GLGI and Royal Crown Gold proceedings and struck the GLGI portion without leave to amend.
Ontario Court of Appeal dismissed a broad challenge by healthcare workers to COVID-19 vaccination policies, striking the claim as an abuse of process and for no reasonable cause of action.
The Court of Appeal struck down Daniel Hartman’s negligence and misfeasance claims over Canada’s approval and promotion of the COVID-19 vaccine and dismissed the appeal.
The court held it was not plain and obvious that s.52(7) bars a private s.36 drip‑pricing claim given arguable statutory interpretations and policy considerations, so the drip‑pricing claim survives the strike motion; conversely the s.54 double‑ticketing claim was struck because the pleaded sequential price expressions do not meet s.54's contemporaneous temporal requirement and would render s.52(1.3) redundant.
Source excerpt
The amended notice of civil claim, read liberally, alleges adverse treatment set off by the plaintiff's Human Rights Code complaint and thus falls within s.43 and the exclusive jurisdiction of the BC Human Rights Tribunal; alternatively the pleading plainly fails to disclose private law duties, vicarious liability and standing for the son's claims and is therefore struck in its entirety and the action dismissed without leave to amend.
Source excerpt
The Tax Court dismissed the Crown’s motion to add repricing pleadings, struck parts of the 2014/15 Reply with leave to amend, and refused a stay.
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