Date: 19980331
Docket: A-232-97
CORAM: STRAYER, J.A.
DESJARDINS, J.A.
HENRY, D.J.
BETWEEN:
LINTON ROBERTS
Appellant
- and -
CANADA POST CORPORATION
Respondent
HEARD at Toronto, Ontario, Tuesday, March 31, 1998
JUDGMENT delivered from the Bench at Toronto, Ontario, Tuesday, March 31, 1998
REASONS FOR JUDGMENT BY: STRAYER, J.A.
Date: 19980331
Docket: A-232-97
CORAM: STRAYER, J.A.
DESJARDINS, J.A.
HENRY, D.J.
BETWEEN:
LINTON ROBERTS
Appellant
- and -
CANADA POST CORPORATION
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
Tuesday, March 31, 1998)
STRAYER, J.A.
[1] This appeal was heard together with the appeal in A-233-97. These reasons will apply to both appeals.
[2] After hearing lengthy submissions from the Appellant and reviewing his written submissions, we are of the view that this appeal must be dismissed. We have not been persuaded that the learned Motions Judge erred in striking out the Appellant's Statement of Claim. To mention but one reason, the Appellant has not identified any grant of authority by Parliament to the Trial Division to entertain such an action.
[3] The appeal will therefore be dismissed with costs.
"B.L. Strayer"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-232-97
| STYLE OF CAUSE: LINTON ROBERTS |
- and -
| CANADA POST CORPORATION |
DATE OF HEARING: MARCH 31, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: STRAYER, J.A.
Delivered from the Bench at Toronto, Ontario
on Tuesday, March 31, 1998
APPEARANCES: Mr. Linton Roberts
For the Appellant
Mr. George J. Karayannides
For the Respondent
SOLICITORS OF RECORD:
Mr. Linton Roberts
9 Crescent Place
Apt. #303
Toronto, Ontario
M4C 5L8
For the Appellant
Heenan Blaikie
Barristers and Solicitors
Suite 2600, P.O. Box 185
Royal Bank Plaza,
South Tower
Toronto, Ontario
M5J 2J4
For the Respondent
| FEDERAL COURT OF APPEAL |
| Date: 19980331 |
| Docket: A-232-97 |
| BETWEEN: |
| LINTON ROBERTS |
| Appellant |
| -and- |
| CANADA POST CORPORATION |
| Respondent |
| REASONS FOR JUDGMENT |