PRACTICE |
Pleadings |
Motion to Strike |
Armaly v. Canada
T-731-00
Teitelbaum J.
30/8/00
7 pp.
Motion to strike statement of claim on ground issue giving rise to statement of claim moot, action frivolous, vexatious, abuse of process of Court--Motion made under r. 221(1)(c), (f)--In order for Court to strike claim under r. 221(1)(c), (f), must be obvious plaintiff's action so clearly futile not slightest chance of succeeding--Issue of habeas corpus proceeding now moot--Claim by plaintiff of rights being infringed by policy at Drumheller Institution refusing access to legal documents in case where personally involved, unless he agreed to read documents in designated area, not entirely without merit--Policy may have caused plaintiff damage--Difficult to understand reason for refusing to allow inmate to receive legal documents in case in which personally involved unless agrees to take possession of documents in designated area--Plaintiff should be permitted to take, study documents in cell--All of issues found in statement of claim, if true, not moot--Motion dismissed--Federal Court Rules, 1998, SOR/98-106, r. 221.