Noddle v. Canada, 2016 FC 968

Date: 20160825

Docket: T-1195-16

Citation: 2016 FC 968

Ottawa, Ontario, August 25, 2016

PRESENT:    The Honourable Mr. Justice Locke

JUDGMENT AND REASONS

[1]               UPON motion in writing by the defendant for, among other things, an Order striking out the statements of claim in court file numbers T-1081-16, T-1195-16, and T-1196-16 in their entirety, without leave to amend;

[2]               AND HAVING considered the defendant’s submissions;

[3]               AND BEING satisfied that service of the defendant’s motion record was made upon the plaintiff as contemplated in the Order of Prothonotary Mireille Tabib dated August 11, 2016;

[4]               AND NOTING the absence of any responding motion materials on behalf of the plaintiff served and filed within the delay contemplated by Prothonotary Tabib;

[5]               AND BEING satisfied that the allegations made in the statements of claim in issue are substantially the same as those made in many other proceedings, before both this Court and other courts, that have been dismissed as an abuse of process;

JUDGMENT

THIS COURT’S JUDGMENT is that:

1.      The plaintiff’s statements of claim in court file numbers T-1081-16, T-1195-16, and T-1196-16 are struck out without leave to amend.

2.      The actions in the above-listed files are dismissed.

3.      Costs of the motion have been addressed in court file number T-1081-16.

“George R. Locke”

FEDERAL COURT

SOLICITORS OF RECORD

MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES

SUBMISSIONS:

SOLICITORS OF RECORD: