Date: 20160427
Docket: T-1275-15
Citation:
2016 FC 478
Ottawa, Ontario, April 27, 2016
PRESENT: The
Honourable Madam Justice Heneghan
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BETWEEN:
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JAMES H. FORD
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Plaintiff
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and
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HER MAJESTY THE
QUEEN
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DEFENDANT
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JUDGMENT AND REASONS
[1]
Mr. James H. Ford (the “Plaintiff”) appeals from
the Order of the Prothonotary dated October 14, 2015, by which the Prothonotary
struck out the Statement of Claim in this matter, without leave to amend.
[2]
The issues raised in this appeal are the same
ones addressed in the cause number T-1276-15, that is whether the Statement of
Claim issued on behalf of the Plaintiff on July 30, 2015 discloses a reasonable
cause of action. A copy of those Reasons for Judgment will be forwarded to the
Plaintiff in this action.
[3]
For the reasons given in cause number T-1276-15,
I am satisfied that it does not. It follows that the appeal is dismissed, with
costs to the Defendant in the amount of $750.00, inclusive of fees,
disbursements and GST.
JUDGMENT
THIS COURT’S JUDGMENT is that this
appeal is dismissed with costs to the Defendant in the amount of $750.00,
inclusive of fees, disbursements and GST.
"E. Heneghan"
FEDERAL
COURT
SOLICITORS
OF RECORD
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DOCKET:
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T-1275-15
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STYLE OF CAUSE:
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JAMES FORD v. HER MAJESTY THE QUEEN
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PLACE OF
HEARING:
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St. John's, Newfoundland and labrador
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DATE OF
HEARING:
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january 20, 2016
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JUDGMENT
AND reasons:
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HENEGHAN J.
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DATED:
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April 27, 2016
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APPEARANCES:
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James H. Ford
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For
The PLAINTIFF
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Sarah Drodge
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For
The DEFENDANT
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SOLICITORS OF RECORD:
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William F. Pentney
Deputy Attorney General of Canada
St. John’s, Newfoundland and Labrador
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For
The defendant
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