IMM-1340-96
B E T W E E N:
COLLINS BOAKYE AGYEMANG and
HANNA AGYEMANG
Plaintiffs
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Defendant
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
Notwithstanding several verbal contacts by Registry staff no response to the defendant's motion to strike has been filed. I have therefore proceeded in the absence of representations by the plaintiffs. I have read the representations of counsel for the defendant and I agree with sufficient of them to be able to conclude that the Amended Statement of Claim should be struck out.
Because this is the second occasion upon which substantially similar claims have been struck. I conclude that there are no additional facts to plead to show a cause of action for the damage elements of the relief.
As pointed out by the defendant's counsel, mandamus is not available by action, except in special circumstances which do not apply here.
Therefore, I am not making any provision for filing a further amended claim.
ORDER:
The statement of claim is struck out as disclosing no cause of action.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
May 5, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-1340-96
STYLE OF CAUSE: COLLINS BOAKYE AGYEMAND
and HANNA AGYEMANG
- and -
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: MAY 5, 1997
SOLICITORS OF RECORD:
MR. ROCCO GALATI
Barrister & Solicitor
The Phoenix Building
439 University Avenue, Suite 780
Toronto, Ontario
M5G 1Y8
For the Plaintiffs
George Thomson
Deputy Attorney General
of Canada
For the Defendant
FEDERAL COURT OF CANADA
Court No.: IMM-1340-96
Between:
COLLINS BOAKYE AGYEMANG
and HANNA AGYEMANG
Plaintiffs
- and -
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
Defendant
REASONS FOR AND ORDER ORDER
Email this Content