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The Federal Court struck the plaintiff’s amended claim without leave to amend, finding it lacked material facts to support conspiracy, negligence, or Charter breaches.
The court partly struck a self-represented plaintiff’s pleading, allowing some claims to proceed with leave to amend while dismissing a costs application.
The Court of Appeal upheld dismissal of a civil action challenging wiretap-based charges, holding the intercepts were admissible and the police had reasonable grounds.
The Federal Court granted summary judgment for Canada, holding the CFNIS and Military Police owed no private duty of care to the plaintiffs in the fire investigation.
The appeal is dismissed because the Federal Court correctly found issue estoppel inapplicable given differing issues and evidence, correctly applied the negligent-investigation test and reasonably concluded investigators acted appropriately in pursuing federal charges, and the appellants failed to demonstrate negligence or (in any event) causation; the Federal Court's factual findings attract deference and no palpable and overriding error was shown.
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The Court struck the Crown Defendants from a civil claim arising from a prosecution, but allowed the police-related pleadings to proceed in amended form.
The Court of Appeal dismissed an appeal alleging procedural unfairness in a self-represented civil trial, holding that the judge adequately accommodated the appellant’s health issues.
La Cour fédérale rejette l’action de Car-Fré pour enquête négligente, concluant que les enquêteurs d’Emploi Canada avaient des motifs raisonnables en 2013.
Summary judgment was granted because there was no genuine issue of material fact and the plaintiffs failed to adduce necessary expert evidence to establish the applicable standard of care for a negligent investigation claim, meaning their claim had no real chance of success; additionally the plaintiffs did not plead defamation and therefore could not pursue a defamation claim.
Source excerpt
The court struck the plaintiff’s claim and Charter notice, holding claims against the judge were barred by judicial immunity and other claims disclosed no reasonable cause of action.
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