Date: 19990201
Docket: T-2196-93
BETWEEN:
JAY DEE ABELL
Plaintiff
- and -
THE ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] Pursuant to Rule 221(1)(a) of the Federal Court Rules;
[2] UPON the plaintiff"s statement of claim discloses no reasonable cause of action;
[3] UPON the plaintiff"s statement of claim is frivolous and an abuse of the process of the Court;
[4] UPON the remedies that the plaintiff is seeking shall be obtained by application for judicial review under section 18.1 of the Federal Court Rules;
[5] UPON all the provisions challenged by the plaintiff were repealed since the introduction of the statement of claim;
[6] UPON the Regulations and Orders in Council made pursuant to the statutory authority of the provisions that were repealed were also repealed and replaced since the introduction of the statement of claim.
[7] For those reasons, THIS COURT ORDERS THAT:
The statement of claim be struck out for disclosing no reasonable cause of action without prejudice to the plaintiff to issue a new claim referencing the current legislation that he proposes to challenge.
Pierre Blais
Judge
OTTAWA, ONTARIO
FEBRUARY 1, 1999
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