Practice
Pleadings
Motion to Strike
Appeal from decision by Prothonotary directing defendants’ motion to strike based on jurisdiction be heard at same time as motion for class certification—Prothonotary wrong to say issue of reasonable cause of action would remain to be argued on certification motion if motion to strike under Federal Courts Rules, SOR/98-106, r. 221(1)(a) proceeded first—Issue of jurisdiction not related to issues for certification—Under r. 221(2), motion to strike cannot rely on evidence, strictly based on pleading not disclosing cause of action—Issues to be determined on motion to strike legal questions separate, distinct from issues arising on certification motion—Each of legal questions could be decided on motion to strike independent of evidence arising at certification motion—Prothonotary misapprehending grounds for motion to strike—Appeal allowed.
Merchant Law Group v. Canada (Revenue Agency) (T-1761-07, 2008 FC 1371, Kelen J., order dated December 12, 2008, 17 pp.)