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Statement of claim struck for lack of jurisdiction; section 40 vexatious litigant order denied.
The self-represented plaintiff, previously declared a vexatious litigant in Alberta, brought an action in the Federal Court against numerous provincial defendants, including a Master of the Alberta Court of Queen's Bench and Calgary police officers.
The defendants moved to strike the claim.
The Federal Court granted the motions to strike without leave to amend, holding it had no jurisdiction over the provincial actors and that the pleadings were frivolous, vexatious, and scandalous.
However, the Court dismissed the defendants' motions to declare the plaintiff a vexatious litigant under s. 40 of the Federal Courts Act because they had not obtained the required consent of the Attorney General of Canada.
