Decision of Federal Court, February 8, 2016
On February 8, 2016, Justice Russell of the Federal Court, after having his decision of April 24, 2014, upheld by the Federal Court of Appeal on January 26, 2015, made a decision on the government’s second motion to strike after COMER filed its amended statement of claim on March 26, 2015.
In the latest decision of February 8, 2016, Justice Russell, in law, inexplicably reversed himself from the earlier decision. In his earlier decision he had refused to strike large portions of the claim, most notably the facts going to the declaratory relief sought as to the Bank of Canada and the constitutional issues.
He further blatantly erred in deciding that Declaratory relief cannot be sought as stand-alone relief, in the absence of a cause of action, which is contrary to Supreme Court of Canada jurisprudence which was cited and read to the Court.
Moreover, because the Federal Court of Appeal had upheld his decision of April 24, 2014, in reversing his earlier decision, he effectively overturned the Federal court of Appeal’s decision upholding his earlier decision, which is contrary to law.
On March 3, 2016, COMER filed an appeal, to the Federal Court of Appeal, from the decision of Justice Russell, dated February 8, 2016.
If redress is not had at the Federal Court of Appeal, COMER is committed to then taking the case to the Supreme Court of Canada.
Rocco Galati, B.A., LL.B., LL.M.