PRACTICE |
Pleadings |
Motion to Strike |
Yearsley v. Canada
T-816-01
2001 FCT 732, Hargrave P.
28/6/01
11 pp.
Plaintiff seeking writ of mandamus to allow him sacramental use of marijuana, with substantial exemplary, punitive damages arising out of being deprived of use of marijuana--Also filing motion to dispense with rules and for summary judgment under r. 213(1)--Crown bringing motion to strike out statement of claim for want of reasonable cause of action, as scandalous, frivolous, vexatious--Summary judgment application must await filing of defence under r. 213(1)--Plaintiff's motion for summary judgment premature, adjourned sine die --Party moving to strike out pleading having heavy burden of establishing plain, obvious, beyond reasonable doubt claim cannot succeed--Frivolous, vexatious action including one which will not lead to practical result--Terms frivolous, vexatious define claim which obviously cannot be sustained--35-page single spaced statement of claim unmanageable--Statement of claim not only failing to set out precise statement of material facts, but also neither clarifies issues nor gives fair notice of case to be met--As such, vexatious, abusive, ought to be struck out--Statement of claim having more basic, fundamental flaw--No reasonable cause of action on basis plaintiff ought to first have exhausted administrative remedies, specifically application to Minister of National Health and Welfare under Controlled Drugs and Substances Act, s. 56--Where adequate alternative remedy, Court will not litigate matter until remedy exhausted--Action struck out as disclosing no reasonable cause of action--Judicial remedy available only after plaintiff has exhausted adequate alternative administrative remedy--Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 56--Federal Court Rules, 1998, SOR/98-106, r. 213.