Hanson v. Canada
T-2331-94
Hargrave P.
20/2/95
9 pp.
Motion to strike out statement of claim on basis not disclosing reasonable cause of action -- Action alleging penitentiary manager's improper denial of visiting rights to see husband infringing plaintiffs' Charter, ss. 7 and 15 rights-Mother bringing action on behalf of herself and infant daughters-Visiting privileges curtailed as security information indicating daughters directly involved in smuggling contraband drug into institution -- Decision by penitentiary authorities constituting judicial act involving exercise of discretion or judgment as opposed to ministerial act involving mere obedience to instructions-As such, institution not liable for error in exercise of discretion in absence of malice -- Express pleading of malice not required: plaintiffs not using word "malice" to describe denial of visiting privileges but use of other words sufficiently describing malicious state of mind -- Pleading may only be struck out where plain and obvious action cannot succeed -- Case not satisfying test-Infant plaintiffs must be represented in manner appropriate in province where they reside: Alberta law requiring non-party to lawsuit bring action on infant's behalf (next friend) and lawyer to represent infants before Court -- Proceedings stayed until appropriate next friend properly designated and solicitor appointed to act for infants -- Motion to strike out plaintiffs' statement of claim dismissed.