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Appeals from orders prioritizing motions to strike and striking disjointed statement of claim dismissed.
The plaintiffs brought an action in damages against various federal government organizations, employees, and a trustee in bankruptcy arising from a tax dispute that allegedly led to their bankruptcy.
The plaintiffs appealed two orders of a case management prothonotary: one prioritizing the defendants' motions to strike, and another striking out the statement of claim without leave to amend for disclosing no reasonable cause of action and being an abuse of process.
The Federal Court dismissed the appeals, finding the prothonotary exercised her discretion reasonably in case management and made no palpable and overriding error in striking out the rambling and disjointed statement of claim.