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T-448-80
Jacques Lanctôt, André J. Bélanger and Gaétan M. Legault (Plaintiffs)
v.
The Queen (Defendant)
Trial Division, Marceau J.—Ottawa, June 17 and 18, 1980.
Practice Motion to strike pleadings Defendant applied under Rule 419 to dismiss the statement of claim of plaintiff Legault as disclosing no reasonable cause of action, and to strike out certain paragraphs because they were improperly pleaded Statement of claim contends that R.C.M.P. officers intervened unlawfully in attempts of plaintiffs Lanctôt and Bélanger to validate pre-war German bonds, and that a crimi nal charge was laid in bad faith against Lanctôt and Legault and that Lanctôt and Bélanger lost considerable money due to unlawful acts of defendant's officers Application allowed on ground that Legault held no securities and was not a victim of the intervention Federal Court Rule 419.
APPLICATION. COUNSEL:
J. E. Allard for plaintiffs.
J. C. Ruelland, Q.C. for defendant.
SOLICITORS:
J. E. Allard, Hull, for plaintiffs.
Deputy Attorney General of Canada for
defendant.
The following is the English version of the reasons for order rendered by
MARCEAU J.: This is an application under Rule 419. Defendant is first seeking outright dismissal of the statement of claim of one of the plaintiffs, Gaétan M. Legault, on the ground that it discloses no reasonable cause of action. Additionally, she is asking that paragraphs 7 and 18 of the statement of claim be struck out because they were improp erly pleaded.
Despite its length and apparent complexity, the statement of claim is relatively straightforward. It contends that plaintiffs Lanctôt and Bélanger hold pre-war German bonds which they attempted to have validated by the German authorities in accordance with the Agreement on German Exter nal Debts signed at London in 1953; that R.C.M.P. officers intervened unlawfully and in
bad faith in the German judicial process so as to block plaintiffs' attempts to obtain this validation; that one of these officers in addition laid a crimi nal charge in bad faith against plaintiff Lanctôt and plaintiff Legault with respect to these bonds and the attempt to have them validated; that plaintiffs Belanger and Lanctôt, as a result of this unlawful behaviour by defendant's officers, lost considerable sums amounting to $15,000,000. It then asks that defendant be accordingly required to pay Lanctôt $7,000,000, Belanger $6,000,000 and Legault punitive damages.
I too am unable to see what Legault has to do with the matter. It is true that the statement of claim mentions that Legault was also the subject of a criminal complaint, but the allegation is only incidental in the sense that the action is not based (and at this stage at least it could hardly be) on the manner in which the complaint was made, it is based on the intervention by the federal officers in the German judicial process. Legault was not a victim of this intervention, since he was not a holder of the alleged securities at issue.
With respect to the application to strike out the two paragraphs in question, it also is valid. Para graph 7 contains only argument, and paragraph 18 only reproduces an affidavit of a possible witness; neither one has any place in a statement of claim.
ORDER
The application is allowed.
The statement of claim of plaintiff Legault is struck out and the action dismissed with costs as to him.
Paragraphs 7 and 18 are also struck out.
The other two plaintiffs will have to file and serve on defendant an amended statement of claim taking into account this order, and the time peri ods for pleading are suspended until such filing and service.
Defendant shall be entitled to the costs of her application and may require them forthwith.
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