PRACTICE |
Pleadings |
Motion to Strike |
Horii v. Canada
T-1435-91
Hargrave P.
18/9/00
8 pp.
Motion to strike parts of statement of claim in action, commenced nearly ten years ago, alleging discrimination as result of lack of federal prison for women in British Columbia--Federal female inmates, including long-term inmates, incarcerated in provincial jails do not have access to same educational opportunities as male inmates in federal institutions--In 1998, Motions Judge dismissed Crown's motion to strike out whole statement of claim under Federal Court Rules, r. 221, for want of cause of action, immateriality, scandalous, frivolous or vexatious content, delay and abuse of process--In order, Motions Judge stated application to strike for reasons of mootness denied--Decision upheld by F.C.A.--Motion dismissed--General rule party should be allowed only one chance to attack opponent's pleadings, unless special circumstances--Rule based at least in part on principle litigant ought not to be faced with continuing series of motions on similar subjects--Moreover, judicial economy aspect--Neither appreciable change in situation or special circumstances herein--Costs awarded to plaintiff forthwith--Federal Court Rules, 1998, SOR/98-106, r. 221.