5 total
Motion to admit supplementary affidavit evidence dismissed; applicant admonished for citing hallucinated case law generated by AI.
The self-represented applicant brought a motion under Rule 312 of the Federal Courts Rules to admit a second affidavit in an ongoing judicial review of a Canadian Human Rights Commission screening decision.
Due to filing delays and irregularities, he also sought an extension of time and leave to file reply evidence under Rule 369.
The Court granted the time extension for written representations but refused the proposed reply affidavit.
The Court then dismissed the Rule 312 motion, finding the proposed second affidavit inadmissible because it contained argument and evidence not before the original decision-maker.
The Court also admonished the applicant for relying on undeclared artificial intelligence that generated fake case citations in his submissions.
Motion granted to validate service and allow proceeding to continue against an unrepresented estate.
The Crown brought a motion in writing for an order validating service of the Statement of Claim on the unrepresented Estate of David Charles Baker by registered mail to the deceased's spouse.
The Crown also sought an order allowing the proceeding to continue without representation of the Estate pursuant to Rule 113 of the Federal Courts Rules.
The Court found that service was reasonable and that the conditions for proceeding against an unrepresented estate were met, granting both orders.
Motion to strike vexatious litigant application and for procedural relief dismissed with enhanced costs.
The self-represented respondent brought a motion to strike the applicant's application for a vexatious litigant declaration.
The respondent also sought to strike the applicant's affidavit, file additional evidence, and compel viva voce witness testimony at the hearing.
The Court found that the application was not bereft of any possibility of success and dismissed the motion to strike.
The Court also rejected the respondent's challenges to the applicant's affiant, denied leave to file voluminous and late additional evidence, and found no special circumstances to justify viva voce testimony.
The motion was dismissed with costs of $5,000 payable to the applicant.
Claim struck for failing to plead material facts on honest performance; leave to amend granted.
The defendant brought a motion to strike the plaintiff's statement of claim, which alleged breach of the duty of honest performance in contract regarding a leasehold property purchase.
The Federal Court found that the plaintiff failed to plead sufficient material facts to establish a reasonable cause of action, specifically regarding the defendant's alleged dishonest conduct.
The claim was struck out, but the plaintiff was granted leave to amend, as the defects were considered potentially curable.
Motion for security for costs based on unpaid interlocutory costs dismissed as costs were not payable forthwith.
The defendant Enoch Cree Nation moved for security for costs under Rule 416(1)(f) of the Federal Courts Rules, arguing that the plaintiffs had an unpaid costs award from an earlier interlocutory motion.
The court dismissed the motion, finding that because the earlier costs order did not explicitly state the costs were payable "forthwith" under Rule 401(2), they were not presently payable and therefore could not form the basis of an order for security for costs under Rule 416(1)(f).
