PRACTICE |
Pleadings |
Motion to Strike |
Dene Tsaa First Nation v. Canada
T-705-97
2001 FCT 820, Hugessen J.
19/7/01
6 pp.
Motion to strike out large number of paragraphs of statement of claim--Motion dismissed--Timing of motion important--Part of motion based on r. 221(1)(b) to f) essentially technical pleading matter and, coming 4 years after close of pleadings, motion not timely to raise those issues--As to other part of motion, while may be difficult to establish novel claim based on cultural and linguistic disability arising from fact plaintiffs unsophisticated and uneducated people speaking no English and lacking vocabulary to describe various transactions into which allegedly induced, Court not willing at this stage to strike it out--Amongst difficulties in establishing disability fact plaintiffs collectivity and likely to be difficult but not necessarily impossible for collectivity to establish it was under disability--Federal Court Rules, 1998, SOR/98-106, r. 221.