Defendant's motion to sequence a motion to strike before the certification motion is dismissed.
In this proposed class proceeding concerning the ArriveCAN application, the defendant moved for an order sequencing its motion to strike to be heard before the certification motion.
The Court dismissed the motion, finding that the defendant failed to demonstrate exceptional circumstances to justify deviating from the usual practice of hearing the certification motion first.
The Court noted that the proposed motion to strike could require fact-finding and would not likely dispose of the entire proceeding without leave to amend.
Hearing the motion to strike first would not promote the efficient determination of the proceeding and could result in further delay through appeals.
Action challenging currency seizure struck where plaintiff admitted failing to declare full amount at border.
The plaintiff's currency was seized at the border for failing to declare the full amount.
He brought an action challenging the decision that he breached the reporting requirement.
The Minister moved to strike the statement of claim on the basis that it disclosed no reasonable cause of action, as the plaintiff admitted in his pleadings that he had not declared the full amount.
The Federal Court granted the motion and struck the statement of claim, noting that good faith or ignorance of the law are not defences to the reporting requirement.
