The Attorney General of Canada brought a motion under Rule 21.01(1)(b) of the Rules of Civil Procedure to strike portions of a statement of claim alleging numerous torts and statutory breaches against the Federal Crown.
The self-represented plaintiff alleged misfeasance in public office, conspiracy, fabrication of evidence, Charter violations, and other wrongs arising from actions of police officers and provincial officials.
The court held that the pleading failed to disclose material facts linking any federal Crown servant to the alleged conduct and improperly attempted to attribute liability to the federal government for actions of provincial actors.
The allegations were found to be vague, speculative, and comprised of bald conclusions without necessary particulars.
The court struck the impugned paragraphs and dismissed the action as against the Attorney General of Canada without leave to amend.