Latham v. Canada
T-751-85
Teitelbaum J.
31/7/96
8 pp.
Practice-Plaintiff's motions for order for directions and for order permitting to amend statement of claim-Defendant moving for order striking out statement of claim or striking out defendant National Parole Board or paragraphs of statement of claim-Plaintiff's parole had been revoked by NPB-On judicial review, revocation quashed-Originally, plaintiff brought action in damages ($348,500) as result of transfer to other penitentiary while should have been out on parole-Amendments seeking damages based on psychological trauma incurred during hostage in prison riot-Amendments sought reveal new cause of action and would result in injustice not capable of being compensated for by award of costs to defendants-Moreover, plaintiff has allowed 11 years to elapse from institution of action to present time-Motion to amend denied-As to motion to strike NPB, latter not actionable entity: Oag v. The Queen, [1986] 1 F.C. 472 (T.D.)-Motion to strike statement of claim allowed as Crown not liable absent servant who may be held responsible for alleged wrong-Liability of Crown must be found in Crown Liability Act-NPB not "servant" of Crown for purposes of Crown Liability Act: McAllister v. The Queen (1985), 16 Admin. L.R. 294 (F.C.T.D.)-Crown Liability Act, R.S.C., 1985, c. C-38.