PRACTICE |
Pleadings |
Motion to Strike |
Byer v. Canada
T-1119-01
2002 FCT 518, Tremblay-Lamer J.
7/5/02
3 pp.
Defendant seeking to quash action under Federal Court Rules, 1998, r. 221(1)(a) (failure to disclose reasonable cause of action)--Action based on defendant's failure to follow its Policy on Claims and Ex Gratia Payments--Policy not having force of law--According to case law, administrative policy not enforceable (Girard v. Canada (1994), 79 F.T.R. 219 (F.C.T.D.))--Statement of claim quashed as disclosing no reasonable cause of action--Federal Court Rules, 1998, SOR/98-106, r. 221(1)(a).
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