Docket: A-457-16
Citation: 2017 FCA 197
|
CORAM:
|
NADON J.A.
STRATAS J.A.
WEBB J.A.
|
|
BETWEEN:
|
|
KATHERINE LIN
|
|
Appellant
|
|
and
|
|
ATTORNEY
GENERAL OF CANADA
|
|
Respondent
|
Heard at Toronto, Ontario, on September 20, 2017.
Judgment
delivered at Toronto, Ontario, on September
22, 2017.
|
REASONS FOR JUDGMENT BY:
|
NADON
J.A.
|
|
CONCURRED
IN BY:
|
STRATAS
J.A.
WEBB
J.A.
|
Docket: A-457-16
Citation: 2017 FCA 197
|
CORAM:
|
NADON J.A.
STRATAS J.A.
WEBB J.A.
|
|
BETWEEN:
|
|
KATHERINE LIN
|
|
Appellant
|
|
and
|
|
ATTORNEY
GENERAL OF CANADA
|
|
Respondent
|
REASONS FOR
JUDGMENT
NADON J.A.
[1]
This is an appeal of two orders made by Mr.
Justice Campbell of the Federal Court (the Judge) on November 28, 2016 pursuant
to which he dismissed two appeals taken by the appellant against orders of
Prothonotary Aalto dated November 7, 2016.
[2]
In the first of his orders, the Prothonotary
struck in its entirety the appellant’s statement of claim in which she sought
$20,000 in damages against the respondent, the Attorney General of Canada. In
the Prothonotary’s view, the statement of claim was unintelligible and it did
not contain any material facts to support a cause of action against the
respondent. More particularly, the Prothonotary was of the view that the
statement of claim was scandalous, frivolous and vexatious. Hence, he struck
the statement of claim in its entirety and granted the respondent costs in the
amount of $500.
[3]
In his second order, the Prothonotary dismissed
a motion brought by the appellant wherein she sought judgment by default
against the respondent for his failure to file and serve a statement of defence
to her action. Because he had already granted the respondent’s motion to strike
the statement of claim, the Prothonotary concluded that the appellant’s motion
was moot and he dismissed it with costs in the sum of $200.
[4]
The appellant appealed both of the
Prothonotary’s orders to a judge of the Federal Court pursuant to Rule 51(1) of
the Federal Courts Rules, SOR/98-106. On November 28, 2016 the Judge
dismissed both appeals because he was of the view that the Prothonotary had
made no palpable and overriding error in rendering his decisions.
[5]
The appellant now appeals the Judge’s orders to
this Court. After a careful review of the appellant’s written and oral
submissions, we have come to the conclusion, regretfully for the appellant,
that there is no basis whatsoever which could justify intervention on our part.
Although during the course of her oral submissions, the appellant spoke to us
at length regarding the events which led to the commencement of her action
against the respondent, she did not, however, persuade us that, in striking her
statement of claim and concluding that her motion for default judgment was moot,
the Prothonotary had made an error in respect of which the Judge ought to have
intervened.
[6]
Consequently, the appeal will be dismissed with
costs.
"M. Nadon"
“I agree
David Stratas J.A.”
“I agree
Wyman W. Webb
J.A.”
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
(APPEAL FROM ORDERS OF THE HONOURABLE
MR. JUSTICE CAMPBELL DATED NOVEMBER 28, 2016, FEDERAL COURT FILE NO. T-1634-16)
|
STYLE OF CAUSE:
|
KATHERINE LIN v. ATTORNEY GENERAL OF
CANADA
|
|
|
PLACE OF HEARING:
|
Toronto, Ontario
|
|
DATE OF HEARING:
|
September 20, 2017
|
|
REASONS FOR JUDGMENT BY:
|
NADON J.A.
|
|
CONCURRED IN BY:
|
STRATAS J.A.
WEBB J.A.
|
|
DATED:
|
September 22, 2017
|
|
|
|
|
APPEARANCES:
|
Katherine Lin
|
For The Appellant
(SELF-REPRESENTED)
|
|
Stewart Phillips
|
For The Respondent
|
SOLICITORS OF RECORD:
|
Nathalie G. Drouin
Deputy Attorney General of Canada
|
For The Respondent
|
Email this Content