Digests

Decision Information

Decision Content

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).

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.