PENSIONS
Class action—Appeal from decision by Federal Court ([2004] 4 F.C.R. D‑37; 2004 FC 155) dismissing appellant’s motion to bring class action on behalf of all natural persons in Canada aged 65 and over eligible to receive Guaranteed Income Supplement under Old Age Security Act and did not, as well as heirs and/or representatives of deceased members of class—Federal Court Rules, 1998, s. 299.18(1) lists conditions to meet for certification as class action by Federal Court judge—Hugessen J. dismissed appellant’s motion because, in his opinion, first condition listed in s. 299.18(1)(a) not met, i.e. pleadings did not disclose any reasonable cause of action—Test to apply in context of motion to strike out statement of claim whether “plain and obvious” plaintiff’s statement of claim discloses no reasonable cause of action— Cause of action argued before Hugessen J. not cause of action disclosed in appellant’s statement of claim—Appellant’s motion, his affidavit and attached exhibits not “pleadings” within meaning of s. 299.18(1)(a)—Appeal must be dismissed because appellant’s statement of claim did not disclose any reasonable cause of action—Old Age Security Act, R.S.C., 1985, c. O‑9—Federal Court Rules, 1998, SOR/98-106, s. 299.18 (as enacted by SOR/2002‑417, s. 17).
Le Corre v. Canada (Attorney General) (A‑117‑04, 2005 FCA 127, Nadon J.A., judgment dated 12/4/05, 17 pp.)