PRACTICE |
Pleadings |
Amendments |
Artem Djukic v. Canada (Attorney General)
T-45-01
2001 FCT 989, Giles A.S.P.
4/9/01
5 pp.
Plaintiff seeking to file amended statement of claim--Plaintiff's principal claim based on conspiracy--To successfully plead action in conspiracy, plaintiff must allege agreement to perform illegal acts for purpose of injuring plaintiff with knowledge plaintiff could suffer damages, has suffered damages--Plaintiff must also allege facts which could show existence of such agreement--Parties, two or more of whom alleged to have agreed, must be identified as agreeing--Settlement agreement between parties since majority of acts complained of--Paragraph 18 also pleading defamation as well as conspiracy--In plea of defamation, meaning ascribed to alleged defamatory words should be specified if other than plain ordinary meaning to be ascribed to words--Case for defamation not properly pleaded--While not necessary to plead every instance of interference with economic activity, abuse of authority, necessary to give at least one precise example--Leave should not be given to file amended pleading which could be ordered struck out, extensively particularized--Motion dismissed--No cause of action properly pleaded in suggested amended claim, but cause of action could exist--Unlimited attempts to plead cannot be allowed--Court prepared to allow another attempt.