C. Mohr

The defendant Attorney General of Canada brought a motion to strike the plaintiffs' statement of claim, which sought $1.5 billion in damages for negligence, misfeasance in public office, breach of aboriginal rights, and breach of fiduciary duty.

The claims arose from the Crown's alleged forced incorporation of the plaintiffs' tobacco manufacturing partnership and its failure to enforce anti-contraband initiatives on the reserve.

The court dismissed the motion to strike, finding that it was not plain and obvious that the claims would fail, given the evolving nature of aboriginal law and the specific interactions pleaded.

The court granted the plaintiffs leave to amend their pleading to add all partners as plaintiffs and to provide further material facts for the aboriginal rights claim.

The applicant, a clinic providing services to victims of domestic violence, brought an application challenging the constitutionality of the federal government's repeal of the long-gun registry under sections 7 and 15 of the Charter.

The respondents moved to strike the application under Rule 21 for disclosing no reasonable cause of action.

The applicant moved for an interlocutory injunction to prevent the destruction of the registry data pending the hearing of the application.

The court dismissed the respondents' motion to strike, finding the claims were not plainly and obviously doomed to fail given the novelty of the issues.

However, the court also dismissed the applicant's motion for an interlocutory injunction, concluding that while there was a serious issue to be tried, the evidence of irreparable harm was weak and the balance of convenience favoured the public interest in the enacted legislation.