Date: 20010528
Docket: T-1244-00
Neutral Citation: 2001 FCT 536
BETWEEN:
ALLEN TEHRANKARI
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
[1] This is a motion by the defendant for an order pursuant to Rules 221(a), (b), (c), (d) and (f) of the Federal Court Rules, 1998 to strike the alleged statement of claim in its entirety.
[2] There is also a motion by the plaintiff for judgment on the statement of claim.
[3] I have reviewed the statement of claim; this is a forty page document referring to events that happened over seven years.
[4] The plaintiff was serving a twelve year sentence commencing September 21, 1992 and was incarcerated in different institutions managed by Correctional Services of Canada.
[5] Over those years, the plaintiff has filed many complaints and grievances and went through the internal grievance procedures.
[6] The plaintiff also submitted different judicial review applications to the Federal Court of Canada.
[7] The plaintiff claims over $700,000 of damages.
[8] Among other things, the plaintiff claimed for days of segregation, unjustified incarceration, negligence, possibly in respect of the alleged contraction of tuberculosis and Charter breaches.
[9] The plaintiff claims also for breaches of the Correction and Conditional and Release Act for which the plaintiff went through the grievance procedure.
[10] I also consider that the plaintiff is a self represented litigant and that maybe the statement of the material facts on which the plaintiff relies is not as concise as it should be pursuant to Rule 174.
[11] Nevertheless, the parties have the possibility to go through the cross-examination process and also have the possibility to bring motions to eliminate paragraphs that they believe are not accurate.
[12] At this stage, the defendant failed to convince the Court that it would be appropriate to strike the statement of claim in its entirety.
[13] Upon being satisfied that the defendant has provided valid reasons for not having filed a statement of defence.
[14] Upon also being satisfied that the defendant should be allowed an extension of time for filing its statement of defence.
THIS COURT ORDERS THAT:
[15] The motion for striking the statement of claim is dismissed.
[16] The motion from the plaintiff for default judgment is dismissed.
[17] Pursuant to Rule 8 of the Federal Court Rules, the defendant is allowed thirty (30) days from the date of this order to file and serve its statement of defence.
Pierre Blais
Judge
OTTAWA, ONTARIO
May 28, 2001