Federal Appeal


Civil Procedure

Pleadings

Plaintiff’s legal propositions were incoherent

Plaintiff’s earlier claims before Federal Court were dismissed on basis that statements of claim did not raise any cause of action and were bereft of any chance of success, or that statements of claim had no reasonable prospects of success. Plaintiff appealed. Appeal dismissed. There was no error in those conclusions. Legal propositions put forward by plaintiff were incoherent and devoid of any legal meaning. Plaintiff had assembled words, phrases, and concepts which had some meaning in context in which they were originally found but had none whatsoever in use which he had made of them. Although plaintiff’s claims shared some characteristics attributed to organized pseudo commercial argument (OPCA) litigants, OPCA phenomenon was not threat to orderly administration of justice to present court at current time. Plaintiff and his co-litigants were entitled to be heard but not entitled to blame their lack of success on bad faith and corruption of judges who hear and decide cases and on collusion between lawyers who represent Crown and judges and prothonotaries who heard their cases. Allegations would have consequences if plaintiff were to continue in present vein.

Dove v. R. (Sep. 15, 2016, F.C.A., J.D. Denis Pelletier J.A., Wyman W. Webb J.A., and D.G. Near J.A., A-552-15) Decision at 261 A.C.W.S. (3d) 299 was affirmed. 270 A.C.W.S. (3d) 739.

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