[2011] 3 F.C.R. D-7
Practice
Pleadings
Motion to Strike
Appeal by St. John’s Port Authority (Port Authority) from Federal Court order (2009 FC 746) dismissing its appeal from Prothonotary’s order—Motion brought before Prothonotary to strike out most of respondent’s (Adventure Tours Inc.) state‑ment of claim in which respondent claiming significant damages for tort of abuse of public office—Issue on appeal herein, before Federal Court, concerning requirement under Federal Courts Rules, SOR/98‑106, r. 174 that party plead material facts in support of allegations party making in pleading—Specifically, whether respondent must plead as material fact in statement of claim identity of individuals at Port Authority whose actions said to constitute abuse of public office—Federal Court of Appeal rendering decision in Merchant Law Group v. Canada Revenue Agency, 2010 FCA 184, after Federal Court, Prothonotary issuing orders in present case—Merchant representing one of only cases in Canada concerning how requirement of material facts applying to tort of abuse of public office; clarifying law concerning material facts that must be pleaded when asserting tort of abuse of public office—In circumstances of present case, Federal Court of Appeal examining matter afresh without deference to decisions below—On basis of Merchant, statement of claim not pleading sufficient material facts under Rules, r. 174—Respondent not successfully establishing Merchant “manifestly wrong” so as not to be followed—Therefore, Merchant binding herein—Appeal allowed.
Adventure Tours Inc. v. St. John’s Port Authority (A‑307‑09, 2011 FCA 198, Stratas J.A., judgment dated June 10, 2011, 25 pp.)