Federal Court Decisions

Decision Information

Decision Content

Date: 20160427

Docket: T-1275-15

Citation: 2016 FC 478

Ottawa, Ontario, April 27, 2016

PRESENT:    The Honourable Madam Justice Heneghan

BETWEEN:

JAMES H. FORD

Plaintiff

and

HER MAJESTY THE QUEEN

DEFENDANT

JUDGMENT AND REASONS

[1]               Mr. James H. Ford (the “Plaintiff”) appeals from the Order of the Prothonotary dated October 14, 2015, by which the Prothonotary struck out the Statement of Claim in this matter, without leave to amend.

[2]               The issues raised in this appeal are the same ones addressed in the cause number T-1276-15, that is whether the Statement of Claim issued on behalf of the Plaintiff on July 30, 2015 discloses a reasonable cause of action. A copy of those Reasons for Judgment will be forwarded to the Plaintiff in this action.

[3]               For the reasons given in cause number T-1276-15, I am satisfied that it does not. It follows that the appeal is dismissed, with costs to the Defendant in the amount of $750.00, inclusive of fees, disbursements and GST.


JUDGMENT

THIS COURT’S JUDGMENT is that this appeal is dismissed with costs to the Defendant in the amount of $750.00, inclusive of fees, disbursements and GST.

"E. Heneghan"

Judge

 


FEDERAL COURT

SOLICITORS OF RECORD


DOCKET:

T-1275-15

 

STYLE OF CAUSE:

JAMES FORD v. HER MAJESTY THE QUEEN

PLACE OF HEARING:

St. John's, Newfoundland and labrador

DATE OF HEARING:

january 20, 2016

 

JUDGMENT AND reasons:

HENEGHAN J.

 

DATED:

April 27, 2016

 

APPEARANCES:

James H. Ford

 

For The PLAINTIFF

 

Sarah Drodge

For The DEFENDANT

 

SOLICITORS OF RECORD:

William F. Pentney

Deputy Attorney General of Canada

St. John’s, Newfoundland and Labrador

For The defendant

 

 

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