Date: 20130423
Docket: T-107-13
Citation: 2013 FC 406
Vancouver, British Columbia, April 23, 2013
PRESENT: The Honourable Mr. Justice
Zinn
BETWEEN:
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EDWARD ANTHONY
MEYER©™
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Plaintiff
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and
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HER MAJESTY THE
QUEEN
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Defendant
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REASONS
FOR ORDER AND ORDER
[1]
The Plaintiff appeals the March 8, 2013 Order of
Prothonotary Roger R. Lafrenière, striking out his Statement of Claim, without
leave to amend.
[2]
The reasons for the order are summarized by the Prothonotary in the
following passages:
No useful purpose would be
serviced [sic] by summarizing the allegations in the Statement of
Claim. First, the allegations are incomprehensible. Second, there are no
allegations made against the Crown Defendant. Third, to the extent that the Plaintiff
may have a complaint, it appears that it arises from his dealings with his
bank, CIBC.
The Statement of Claim
plainly and obviously does not disclose a reasonable cause of action against
the Crown Defendant, let alone a cause of action within this Court’s
jurisdiction. Being substantially in agreement with the written
representations filed on behalf of the Defendant, which I adopt and make mine,
I conclude that the Statement of Claim should be struck out, without leave to
amend.
[3]
The Plaintiff’s principal complaint, as was admitted by him, is against
CIBC Mortgages Inc. He acknowledged that there is presently no ongoing
litigation between CIBC Mortgages Inc. and the Plaintiff, although steps may
soon be taken in that regard by CIBC Mortgages Inc.
[4]
The Plaintiff commenced the present action against Her Majesty in an
effort, it appears, to require that she enforce those provisions of the Bills
of Exchange Act against CIBC Mortgages Inc. which the Plaintiff says it has
violated. Whether those provisions have been violated or not is a matter
between the Plaintiff and CIBC Mortgages Inc. There is no duty on Her Majesty
to act in what is essentially a private dispute, except perhaps to establish
law courts in which such disputes can be litigated. That she has done.
[5]
The Statement of Claim pleads no facts against Her Majesty and, as such,
it is plain and obvious that it cannot succeed and must be struck. Further, as
I understand the Plaintiff’s claims against Her Majesty, the Statement of Claim
cannot be amended to allege a claim that has any possibility of success.
Accordingly, this appeal must be dismissed.
[6]
The Defendant seeks it costs of this appeal, in the amount of $300. The
Plaintiff impressed upon the court his current financial situation, which no
doubt has led in part to his dispute with CIBC Mortgages Inc.; however, a
successful party is generally entitled to its costs and I so order. Whether
the Defendant takes any steps to recover those costs is a matter to be left to
the discretion of the Defendant, with a hope that it will show some compassion
for the Plaintiff.
THIS
COURT ORDERS that the appeal is dismissed, with costs to the Defendant
fixed at $300.
“Russel W. Zinn”
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