T-96-81 
David Baird, Elizabeth Baird, George A. Bayley, 
Neil Baylor, Frederick Field, Marion Field, Ron 
Forbes, Edward Kuta, Mira Kuta, Alexander 
Leblovic, Carlo Lemma, Brian Moar, Marianne 
Moar, Frances Salvo, Mark Smith, Jr., Pauline 
Smith, Bruce Wilson and John Gatecliff (Plain-
tiffs) 
v. 
The Queen in right of Canada as represented by 
the Attorney General of Canada (Defendant) 
Trial Division, Marceau J.—Toronto, February 9; 
Ottawa, February 16, 1981. 
Practice — Application by defendant (a) to strike plaintiffs' 
statement of claim, (b) to have a question of law determined 
and (c) for particulars — Monies invested by plaintiffs in a 
trust company duly licensed by Federal Department of Insur
ance, lost — Plaintiffs pleading a duty owed by the Queen and 
her representatives to them and to the public to administer 
faithfully the laws of Canada — Application (a) to strike and 
(b) re question of law, dismissed; (c) for particulars, granted in 
order to make allegations understandable — Federal Court 
Rules 419, 474. 
APPLICATION. 
COUNSEL: 
W. Dunlop for plaintiffs. 
P. A. Vita for defendant. 
SOLICITORS: 
Martin Dunlop Hillyer & Associates, Bur-
lington, for plaintiffs. 
Deputy Attorney General of Canada for 
defendant. 
The following are the reasons for order ren
dered in English by 
MARCEAU J.: The application before the Court 
is made on behalf of the defendant. It seeks: 
(a) an order pursuant to Rule 419 striking out 
the statement of claim and dismissing the 
action; 
(b) in the alternative, an order pursuant to the 
provisions of Rule 474 that a question of law is 
to be determined; 
(c) in the further alternative, an order for par
ticulars with respect to paragraphs 2, 3, 5, 6, 7 
and 8 of the statement of claim. 
The statement of claim is a lengthy one; I do not 
think it is necessary that it be reproduced here 
verbatim: a brief summary should suffice. The 
plaintiffs state, in substance, that monies they had 
invested in a trust company duly licensed by the 
Federal Department of Insurance were lost as a 
result of the failure of the defendant and her 
servants to adequately supervise and regulate the 
said trust company. Giving some indications as to 
the practices of the trust company following which 
the loss occurred, they plead in various paragraphs 
that a duty was owed by Her Majesty and her 
appointed and elected representatives, or servants, 
to the plaintiffs and the public in general, to 
faithfully administer the laws of Canada, including 
the Trust Companies Act, R.S.C. 1970, c. T-16, in 
order to prevent such deceptive, fraudulent and 
unethical practices. They conclude therefrom that 
they are entitled to damages for monetary losses 
and mental anguish as well as punitive damages. 
It is well established—in fact so well established 
that it hardly needs be repeated—that an order 
striking out a statement of claim under Rule 419 
of the General Rules of this Court can only be 
made where the statement of claim under attack is 
clearly futile and does not reveal any arguable 
cause of action. This is certainly not the case here. 
It is true that some of the allegations made by the 
plaintiffs are so vague that it is hard to see what 
they imply. But if all of them had to be taken as 
admitted, the action no doubt would have to be 
sustained. Nothing more is needed to compel the 
view that a cause of action is satisfactorily 
revealed. 
It may well appear, in the course of the proceed
ings, that the action in fact raises a precise ques
tion of law which could be set down on a case to be 
argued before trial pursuant to the provisions of 
Rule 474 of the General Rules of this Court. It is 
not possible, however, to come to such a conclusion 
at this early stage and on the sole basis of the 
allegations made in the declaration. The applica- 
tion for an order pursuant to the provisions of Rule 
474 is no doubt premature. 
That leaves us with the request for particulars. 
Surprisingly, it is not supported by affidavit as 
required by Rule 419. Counsel for the applicant, 
somewhat taken by surprise, indicated his readi
ness to correct forthwith, with leave of the Court, 
the technical impropriety, but he explained that he 
did not believe an affidavit was here necessary 
since his application was not based on facts that 
did not appear from the record. Indeed, he argued, 
a mere reading of the statement of claim was 
enough to convince that the particulars sought 
were necessary simply to make the allegations 
understandable and properly answerable. It is only 
inasmuch as I can agree with that contention that 
I am prepared to deal with the motion. The par
ticulars requested in subparagraphs (a),(b),(c),(d) 
and (i) of the notice of motion indeed appear to me 
to be necessary in order to make the allegations 
referred to merely understandable. The plaintiffs 
will be ordered to deliver them. 
ORDER 
The application for an order striking out the 
statement of claim and dismissing the action is 
denied. The application for an order that a ques
tion of law be determined is also denied but with
out prejudice to the right of the defendant to 
renew her application at a later stage if she still 
sees fit to do so. 
The plaintiffs are, however, ordered to deliver to 
the defendant within thirty days the following 
particulars: 
(a) particulars with respect to the phrase "Her 
Majesty's ... elected representatives . .." set out 
in paragraph 2 of the statement of claim herein; 
(b) particulars of the duty owed by Her Majes-
ty's appointed representatives to the plaintiffs, 
alleged in paragraph 2 of the statement of claim 
herein; 
(c) particulars of the duty owed by Her Majes-
ty's elected representatives to the plaintiffs, 
alleged in paragraph 2 of the statement of claim 
herein; 
(d) particulars of the fiduciary duty owed by 
Her Majesty's servants to the public, alleged in 
paragraph 3 of the statement of claim herein; 
(i) particulars of the phrase "... they failed to 
discover and report to the Minister of Finance 
... other matters requiring his attention ..." 
alleged in paragraph 8 of the statement of claim 
herein. 
Until delivery of such particulars the proceed
ings will be stayed. 
The costs of this application shall be in the 
cause. 
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