Zachary Lanys

The defendant Parks Canada brought a motion for summary judgment to dismiss an action based on the expiration of the two-year limitation period under section 4 of the Limitations Act, 2002.

The plaintiff foundation sought to avoid the limitation period by arguing that the action was for declaratory relief only (exempt under section 16(1)(a)) or that it was based on Aboriginal and treaty rights (exempt under sections 2(1)(e) and 2(1)(f)).

The court found that the declaratory relief sought had no practical effect and was merely an attempt to circumvent the limitation period.

The court also found that the plaintiff was not an Aboriginal person or acting as an agent for Aboriginal peoples, and that the action was fundamentally a breach of contract claim that was time-barred.

The motion was granted and the action was dismissed with costs awarded to the defendant.

The appellant, an inmate serving a life sentence, appealed an order dismissing his motion to appoint counsel and striking his statement of claim against the respondent regarding a disciplinary proceeding.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's conclusions that there is generally no authority to appoint counsel in civil proceedings, that the Human Rights Code does not apply to federal institutions, and that the claim lacked material facts and constituted an abuse of process.

The plaintiff, a federally incarcerated offender, brought a motion for state-funded counsel and a cross-motion to dismiss the defendant's motion to strike his claim.

The defendant moved to strike the plaintiff's claim for disclosing no reasonable cause of action and for being frivolous, vexatious, or an abuse of process.

The court dismissed the plaintiff's motion for counsel, finding no basis under the Rules of Civil Procedure or the Charter.

The court granted the defendant's motion to strike, concluding that the statement of claim failed to disclose a reasonable cause of action and was frivolous, vexatious, and an abuse of process, given the plaintiff's history of initiating numerous civil actions.

The plaintiff's claim was dismissed in its entirety.