PRACTICE |
Pleadings |
Motion to Strike |
Paul v. Canada
T-646-01
2001 FCT 1280, Lemieux J.
21/11/01
14 pp.
Motion to strike statement of claim against defendant negotiators, successors--Action seeking declarations arising out of land claim negotiations between Federal Government, Government of Northwest Territories (GNWT), Dogrib First Nation, which resulted in comprehensive land claim, self-government Agreement in Principle (AIP)--Plaintiffs named negotiators of AIP and John Doe# 1, John Doe # 2, John Doe # 3, representing any successors of named negotiators, as defendants--Each negotiator described as agent with authority to negotiate--Statement of claim pleading breaches against principals, and then stating negotiators' duties to plaintiffs same as those of principals--Alleging negotiators acted outside jurisdiction, without legal authority--Relief sought against defendants globally and specifically--Motion allowed --(1) Pleading not disclosing reasonable cause of action against current negotiators, successors; also frivolous, vexatious--Claim against successors struck because claim against them purely hypothetical--Claim not disclosing any material facts relied upon--Plaintiffs admit knowing neither negotiators' mandates nor scope of authority-- Also concede facts do know not permitting them to assert existence of independent fiduciary duty--Not asserting current negotiators knowingly participated in any breach of fiduciary duty--This aspect of claim speculative--Scope, extent of each negotiator's authority cannot be established without discovery of defendants--(2) General rule in agency law where disclosed principal, only principal liable--AIP source of alleged violated rights--Negotiators signing neither AIP nor final agreement--(3) Pleading redundant--Current negotiators not necessary parties since plaintiffs will have effective remedy against principals--Declarations sought relate to Charter breaches, breach of fiduciary duty which, if established would involve direct liability for Federal Government, GNWT--Negotiators not necessary for effective injunctive remedy--If negotiators acted outside scope of authority, principals directly liable because ratified conduct in signing AIP, and would condone it by concluding final agreement process--Amending pleadings would not overcome result--Federal Court Rules, 1998, SOR/98-106, r. 221.