Federal Court Decisions

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Decision Content

     IMM-1340-96

B E T W E E N:

    

COLLINS BOAKYE AGYEMANG and

HANNA AGYEMANG

Plaintiffs


- and -


HER MAJESTY THE QUEEN IN RIGHT OF CANADA


Defendant


REASONS FOR ORDER AND ORDER

GILES, A.S.P.:

     Notwithstanding several verbal contacts by Registry staff no response to the defendant's motion to strike has been filed. I have therefore proceeded in the absence of representations by the plaintiffs. I have read the representations of counsel for the defendant and I agree with sufficient of them to be able to conclude that the Amended Statement of Claim should be struck out.

     Because this is the second occasion upon which substantially similar claims have been struck. I conclude that there are no additional facts to plead to show a cause of action for the damage elements of the relief.

     As pointed out by the defendant's counsel, mandamus is not available by action, except in special circumstances which do not apply here.

     Therefore, I am not making any provision for filing a further amended claim.

ORDER:

     The statement of claim is struck out as disclosing no cause of action.

"Peter A.K. Giles"

A.S.P.

Toronto, Ontario

May 5, 1997

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                  IMM-1340-96

STYLE OF CAUSE:          COLLINS BOAKYE AGYEMAND

                     and HANNA AGYEMANG

                     - and -

                     HER MAJESTY THE QUEEN

                     IN RIGHT OF CANADA

CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.

REASONS FOR ORDER

AND ORDER BY:              GILES, A.S.P.

DATED:                  MAY 5, 1997

                    

                        

SOLICITORS OF RECORD:

                     MR. ROCCO GALATI

                     Barrister & Solicitor

                     The Phoenix Building

                     439 University Avenue, Suite 780

                     Toronto, Ontario

                     M5G 1Y8

                         For the Plaintiffs

                     George Thomson

                     Deputy Attorney General

                     of Canada

                         For the Defendant

                     FEDERAL COURT OF CANADA

                     Court No.:      IMM-1340-96

                     Between:

                     COLLINS BOAKYE              AGYEMANG

             and              HANNA AGYEMANG

     Plaintiffs

                         - and -

                     HER MAJESTY THE QUEEN

                     IN RIGHT OF CANADA

     Defendant

                     REASONS FOR AND ORDER ORDER


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