Date: 20041025
Docket: T-960-04
Citation: 2004 FC 1500
Toronto, Ontario, October 25th, 2004
Present: The Honourable Mr. Justice Campbell
BETWEEN:
JAMES ALEXANDER LIVINGSTON
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
[1] In the present motion, the Defendant requests an alternate order striking certain paragraphs of the Plaintiff's Amended Statement of Claim dated August 9th, 2004. I find the Defendant's arguments in this respect to be compelling, and, therefore, I accept them as expressed in Section B of the Plaintiff's Memorandum of Fact and Law (pp. 14-23).
ORDER
Accordingly, I make the following orders:
1. As paragraph 13 of the Amended Statement of Claim does not conform to the Order of Mr. Prothonotary Lafrenière, Esquire dated July 12th, 2004, it is struck.
2. As portions of the Amended Statement of Claim improperly seek declaratory relief in the present action instead of by way of judicial review, paragraphs 2 and 3 are struck.
3. As the defamation claim in the Amended Statement of Claim fails to establish the basic requirements of a defamation claim, paragraphs 32 and 82 are struck.
4. As paragraphs 31 through 74 of the Amended Statement of Claim contained a myriad of disparate claims that are fundamentally vexatious because they are bereft of any particulars to show the basis of a claim, paragraphs 31 through 71 are struck.
5. The Plaintiff is hereby ordered to file, within 30 days of the date of this order, an Amended Amended Statement of Claim reflecting the orders made herein.
6. As required by Rule 206 of the Federal Court Rules, 1998, I ordered that the Plaintiff produced copies of every document referred to in his Amended Amended Statement of Claim within 10 days of its filing as required by this order.
7. An extension of time is granted to the Defendant to file the Statement of Defence within 60 days of the filing of the Amended Amended Statement of Claim.
8. I award costs on the motion to the Defendant.
"Douglas R. Campbell"
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: T-960-04
STYLE OF CAUSE: JAMES ALEXANDER LIVINGSTON
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
MATTER CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: OCTOBER 25, 2004
WRITTEN SUBMISSIONS BY:
James A. Livingston FOR THE PLAINTIFF (Self-Represented)
Sharon McGovern FOR THE DEFENDANT
SOLICITORS OF RECORD:
James A. Livingston
Barrister & Solicitor, Notary Public
Windsor, Ontario FOR THE PLAINTIFF (Self-Represented)
MORRIS ROSENBERG
Deputy Attorney General of Canada
Toronto, Ontario FOR THE DEFENDANT
FEDERAL COURT
Date: 20041025
Docket: T-960-04
BETWEEN:
JAMES ALEXANDER LIVINGSTON
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER