The plaintiff, a self-represented litigant, initiated a civil claim alleging trespass, unlawful seizure of his vehicle and its contents, and infringements of his Charter rights.
The Attorney General of Canada and Canada Border Services Agency officers, as moving parties, brought a Rule 21 motion to dismiss and strike various aspects of the plaintiff's claim.
The court dismissed claims related to vehicle loss, trespass to property, and Section 8 Charter rights due to the plaintiff's lack of legal standing, finding no ownership or possessory interest in the vehicle or properties.
Claims under Sections 7, 9, and 15 of the Charter were struck without leave to amend for failing to disclose a reasonable cause of action and lacking a sufficient factual basis.
However, claims for the loss of personal and business inventory found within the seized vehicle were struck with leave to amend, allowing the plaintiff to address pleading deficiencies.