Digests

Federal Court Jurisdiction

Appeal from Federal Court order (2010 FC 617) striking appelant’s statement of claim without leave to amend on ground statement of claim not falling within Federal Court jurisdiction—Appellant’s statement of claim stating government of British Columbia improperly garnishing appellant’s tax account with Canada Revenue Agency (CRA)—Statement of claim indeed violating Federal Courts Rules, SOR/98-106, rr. 174, 221(1)(a),(c) for, inter alia, not containing concise statement of facts, not disclosing reasonable cause of action, containing legal submissions—However, Federal Court not striking claim on that basis—Federal Court overlooking whether CRA improperly paid monies owing to appellant under Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1 to government of British Columbia, without notice, explanation—CRA’s treatment of monies owing to appellant falling under Federal Court jurisdiction—Federal Court erred in law in concluding that none of the matters in statement of claim falling within its jurisdiction—Not plain, obvious that amended statement of claim would not disclose reasonable cause of action—Federal Court erred in striking statement of claim without leave to amend—Court varying order to grant leave to file amended statement of claim—Appeal allowed in part.

Simon v. Canada (A-237-10, 2011 FCA 6, Dawson J.A., judgment dated January 10, 2011, 8 pp.)