Statement of claim struck out as essentially devoid of facts

Federal court | Civil Practice and Procedure | Judgments and orders | Setting aside

Applicant’s statement of claim was struck without leave to amend. Applicant brought motion for order setting aside judgment, or in alternative, for opportunity to amend his statement of claim. Motion dismissed. Prothonotary made no error of law in her analysis, nor did she commit any palpable and overriding errors in assessing facts. Prothonotary reasonably applied correct test to statement of claim, which was essentially devoid of facts. There was no merit to applicant’s allegations of bias and lack of jurisdiction. There was no basis at all upon which to set aside judgment.

Keremelevski v. Ukranian Orthodox Church of St. Mary (2018), 2018 CarswellNat 1515, 2018 CarswellNat 1836, 2018 FC 406, 2018 CF 406, E. Susan Elliott J. (F.C.).

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