Noddle v. Canada, 2016 FC 966

Date: 20160825

Dockets: T-1079-16

T-1177-16

T-1178-16

T-1179-16

T-1180-16

T-1182-16

Citation: 2016 FC 966

Ottawa, Ontario, August 25, 2016

PRESENT:    The Honourable Mr. Justice Locke

JUDGMENT AND REASONS

[1]               UPON motion in writing by the defendant for an Order:

a)      Consolidating the plaintiff’s six statements of claim, bearing court file numbers T-1079-16, T-1177-16, T-1178-16, T-1179-16, T-1180-16, and T-1182-16, into one proceeding under court file number T-1079-16;

b)      Striking out the statements of claim as against Her Majesty the Queen without leave to amend; and

c)      Granting the defendant her costs;

[2]               AND HAVING considered the submission of the parties;

[3]               AND UPON noting that, in view of the striking out (without leave to amend) of the plaintiff’s statement of claim in court file number T-197-16, the plaintiff is not entitled to reassert claims similar to those made therein;

[4]               AND UPON noting that the plaintiff is also not entitled to assert any claims before this Court that do not fall within the jurisdiction of the Federal Court;

[5]               AND BEING satisfied that none of the plaintiff’s allegations in court file numbers T-1079-16, T-1177-16, T-1178-16, T-1179-16, T-1180-16, and T-1182-16 satisfies the two criteria of (i) not reasserting claims similar to those made in court file number T-197-16, and (ii) falling within the jurisdiction of the Federal Court;

[6]               AND UPON concluding that it is not necessary to decide whether the statements of claim in issue should also be struck as scandalous, frivolous, or vexatious;

[7]               AND BEING satisfied that consolidation is appropriate here due to the commonality of the parties, issues, facts, and remedies, as well as the absence of prejudice to the plaintiff;

JUDGMENT

THIS COURT’S JUDGMENT is that:

1.      The plaintiff’s statements of claim in court file numbers T-1079-16, T-1177-16, T-1178-16, T-1179-16, T-1180-16, and T-1182-16 are consolidated into one proceeding under T-1079-16.

2.      The plaintiff’s statements of claim in the above-listed files are struck out without leave to amend.

3.      The defendant shall have costs in the amount of $500.00.

“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: