BETWEEN:
YUNHONG DING, SHIYANG DING by his Litigation Guardian YUNHONG DING, and DANIEL SHIWEN DING by his Litigation Guardian YUNHONG DING
Appellants
and
HER MAJESTY THE QUEEN
Respondent
Heard at Toronto, Ontario, on January 8, 2007.
Judgment delivered at Toronto, Ontario, on January 10, 2007.
REASONS FOR JUDGMENT BY: SHARLOW J.A.
CONCURRED IN BY: NADON J.A.
SEXTON J.A.
Docket: A-108-06
Citation: 2007 FCA 11
CORAM: NADON J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
YUNHONG DING, SHIYANG DING by his Litigation Guardian YUNHONG DING, and DANIEL SHIWEN DING by his Litigation Guardian YUNHONG DING
Appellants
and
HER MAJESTY THE QUEEN
Respondent
SHARLOW J.A.
[1] This is an appeal of an order of a judge of the Federal Court dated March 7, 2006, affirming the order of a Prothonotary dated January 25, 2006 striking the Appellants’ statement of claim without leave to amend.
[2] The appellants are claiming damages as the result of the manner in which government officials handled the citizenship application of Yunhong Ding.
[3] Both the Judge and the Prothonotary concluded that the statement of claim did not disclose a factual foundation for a claim in damages. We agree with them, substantially for the reasons they gave.
[4] I would dismiss this appeal with costs.
“K. Sharlow”
“I agree
M. Nadon”
J.A.
“I agree
J. Edgar Sexton”
J.A.
FEDERAL COURT OF APPEAL
Names of Counsel and Solicitors of Record
DOCKET: A-108-06
STYLE OF CAUSE: yunhong ding, shiyang ding by his litigation
guardian YUNHONG DING, and DANIEL SHIWEN
DING by his litigation guardian YUNHONG DING
Appellants
and
HER MAJESTY THE QUEEN
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: January 8, 2007
REASONS FOR JUDGMENT: sharlow j.a.
CONCURRED IN BY: nadon j.a.
APPEARANCES BY:
Yunhong ding For the Appellants,
on their own behalf
leena a. jaakkimainen
margerhita braccio For the Respondent
SOLICITORS OF RECORD:
yunhong ding
Windsor, Ontario for the appellants,
on their own behalf
John H. Sims, Q.C.
Deputy Attorney General of Canada FOR THE RESPONDENT