Nourhaghighi v. Canada, docket T-1900-96

     T-1900-96

B E T W E E N:

     KEYVAN NOURHAGHIGHI

     Plaintiff

     - and -

     HER MAJESTY THE QUEEN

     Defendant

     REASONS FOR ORDER AND ORDER

GILES, A.S.P.:

     The motion before me was made in writing by the defendant seeking among other things an order striking out the Statement of Claim because it is alleged that it reveals no cause of action.

     The relevant Rule is 419, the first words of that Rule are "The Court may at any stage of an action order any pleading .... struck out, ... .", it is quite apparent that such a motion may be brought before filing a defence. The circumstances of this case are a very good illustration of the correctness of the Rule, because the defendant would not know what claim within the jurisdiction of the Court they should defend against by filing a Statement of Defence.

     Under Rule 419(2) no evidence is admissible in determining whether a Statement of Claim should be struck out under Rule 419(1)(a). Where a Statement of Claim fails to set out in some logical order a cause of action it will be struck out. Where there is some indication that a cause of action might exist, but it has not been properly set out, leave will be given to file a fresh Statement of Claim. Here, there is not the least clue as to the existence of a cause of action within the jurisdiction of this Court. The Statement of Claim must therefore be struck out without leave to amend and the action must logically be dismissed as a result.

ORDER

     The Statement of Claim is struck out as revealing no cause of action, and the action is dismissed.

     "Peter A.K. Giles"

                                 A.S.P.

Toronto, Ontario

March 27, 1997

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                  T-1900-96

STYLE OF CAUSE:              KEYVAN NOURHAGHIGHI

                     - and -

                     HER MAJESTY THE QUEEN

CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.

REASONS FOR ORDER

AND ORDER BY:              GILES, A.S.P.

DATED:                  MARCH 27, 1997

SOLICITORS OF RECORD:

                     Keyvan Nourhaghighi

                     608-456 College Street

                     Toronto, Ontario

                     M6G 4A3

                         Solicitor for the Plaintiff

                     P. Christopher Parke

                     Department of Justice

                     George Thomson

                     Deputy Attorney General

                     of Canada

                         For the Defendant

                     FEDERAL COURT OF CANADA

                     Court No.      T-1900-96

                     Between:

                     KEYVAN NOURHAGHIGHI

                                 Plaintiff

                     - and -

                     HER MAJESTY THE QUEEN

                         Defendant

                     REASONS FOR ORDER & ORDER