PRACTICE |
Pleadings |
Motion to Strike |
Radil Bros. Fishing Co. v. Canada (Department of Fisheries and Oceans, Pacific Region)
T-382-99
2002 FCT 1237, Hargrave P.
28/11/02
10 pp.
Motion to strike out further amended statement of claim on grounds claim contravening order and reasons of Court of Appeal ([2002] 2 F.C. 219)--Prothonotary declining initial motion to strike out statement of claim--On appeal whole statement of claim struck out--On further appeal Court of Appeal ordering claim against two defendants struck out with claim against Crown remaining--Order stating that declaratory relief statement of claim struck out and statement of claim in damages and amended statement of claim in damages struck out with leave to amend within 14 days-- Amendment to allow plaintiff to proceed with statement of claim for negligent misrepresentation--Whether further amended statement of claim within terms of Court of Appeal's order and reasons--Motion allowed in part--Paragraph alleging fiduciary duty owed by Crown to plaintiff may remain since part of allegation of negligent misrepresentation --Paragraphs dealing with negligence struck out--Paragraphs dealing with structure of licence record-keeping to remain as providing background--Paragraph dealing with wrongful swapping of licences beyond scope of order allowing claim for negligent misrepresentation--Paragraph dealing with breach of trust struck out as not part of relationship requirement set out in Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd., [1964] A.C. 465 (H.L.) for duty of care to be owed--Paragraph relating to negligent record-keeping struck out as not relating to negligent misrepresentation--Paragraphs relating to importance of case remaining since not prejudicial.