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Motion to strike granted as the statement of claim against the Canadian Judicial Council disclosed no reasonable cause of action due to statutory immunity.
The defendants, the Canadian Judicial Council and Marc Giroux, brought a motion to strike the plaintiff's statement of claim, which alleged gross negligence in the handling of his complaints against certain judges.
The Court granted the motion on the basis that the Council and its Executive Director are protected by immunity from civil liability in the performance of their statutory duties, absent allegations of bad faith, which were not present.
The statement of claim was struck in its entirety without leave to amend, and costs were awarded to the moving defendants.