By Rocco Galati, BA, LLB, LLM
On October 14, 2015, the Federal Court heard the government’s motion to strike (#2) from the amended statement of claim filed March 26, 2015, following the Federal Court of Appeal’s ruling dismissing the government’s appeal from the Federal Court allowing the pursuit of declaratory relief with respect to the Bank of Canada Act and constitutional violations by the Minister of Finance and the bank itself.
While the government was, on my reading of the previous Federal Court (of appeal) rulings, entitled only to move to strike the amended portions of the claim, they moved to strike the whole claim – again – pretending that the Court of Appeal had not ruled that the 80% of the claim, which it ruled could proceed, should proceed.
In this respect, the motion was an abuse of process.
The Federal Court has reserved its decision on the second motion to strike.