Vosters v. Canada, 2005 FC 1083

Date: 20050809

Docket: T-988-05

Citation: 2005 FC 1083

Winnipeg, Manitoba, August 9, 2005

PRESENT:    THE HONOURABLE MR. JUSTICE O'KEEFE

BETWEEN:                                                                          

ROBERT VOSTERS

Plaintiff

and

HER MAJESTY THE QUEEN

Defendant

REASONS FOR ORDER AND ORDER

1.          This is a motion by the defendant for:

1.          An Order striking the statement of claim and dismissing the action pursuant to Rule 221(1)(a) of the Federal Court Rules, 1998;

2.          In the alternative, an order striking the statement of claim and dismissing the action pursuant to Rule 221(1)(c) of the Federal Court Rules, 1998;

3.          In the further alternative, an Order that the plaintiff provide further and better particulars of his claim, pursuant to Rule 181(2) of the Federal Court Rules, 1998;

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4.          In the further alternative, an extension of time to file the statement of defense, pursuant to Rule 8(1) of the Federal Court Rules, 1998;

5.          Costs of the motion;

2.          The defendant submitted that the plaintiff's claim is frivolous and discloses no cause of action and that the facts underlying the claims have not been pleaded.

3.          While I agree with the plaintiff that more facts probably could have been pleaded facts are pleaded in certain of the paragraphs of the claim. By way of example facts are pleaded in paragraphs 14, 15, 16 and 18.

4.          Having considered the material filed by the parties and having heard the submissions of the parties I am not prepared to strike the statement of claim pursuant to either Rule 221(1)(a) or 221(1)(c) of the Federal Court Rules, 1998.

5.          I am prepared however to grant the alternative relief requested by the defendant as outlined in paragraph 3 on page 12 of its Written Representations which reads in part as follows:

3. In the alternative, the defendant seeks an Order requiring the plaintiff to serve and file further and better particulars of the allegations contained in the first, second and third paragraphs of the statement of claim, for the reasons set out in paragraphs five and six and paragraphs eleven to thirteen, herein . . . .

6.          The particulars shall include but not be limited to the following:

1           The names of the parties in each of the sections of the statement of claim.

2.          What capacity the plaintiff is suing in.

3.          A description of who the defendant is.

4.        Further information on the relationship giving rise to each of the claims

5.          Details on how the plaintiff was wronged, such details to include how, when and by whom he was wronged.

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6.          The elements of each tort and the facts supporting the tort are to be set out.

7.          The particulars are to be provided by the plaintiff within 20 days of this order.

8.          The defendant shall have 30 days from the date of the provision of the particulars in which to file its statement of defence.

                                                           ORDER

IT IS ORDERED THAT:

1.          The plaintiff shall serve and file the particulars listed in paragraphs 5 and 6 of those reasons within 20 days of the date of this order.

2.          The defendant shall have 30 days from the date of the provision of the particulars in which to file its statement of defence.

3.          The defendant's request to strike the statement of claim is dismissed.