DARREN ROSS NODDLE Plaintiff v. HER MAJESTY THE, 2016 FC 966
Opinion
Date: 20160825 Dockets: T-1079-16 T-1177-16 T-1178-16 T-1179-16 T-1180-16 T-1182-16 Citation: 2016 FC 966 Ottawa, Ontario, August 25, 2016 PRESENT: The Honourable Mr. Justice Locke BETWEEN: DARREN ROSS NODDLE Plaintiff and HER MAJESTY THE QUEEN Defendant JUDGMENT AND REASONS [ 1 ] UPON motion in writing by the defendant for an Order:
a) Consolidating the plaintiff’s six statements of claim, bearing court file numbers T-1079-16, T-1177-16, T-1178-16, T-1179-16, T- 1180-16, and T-1182-16, into one proceeding under court file number T-1079-16;
b) Striking out the statements of claim as against Her Majesty the Queen without leave to amend; and
c) Granting the defendant her costs; [ 2 ] AND HAVING considered the submission of the parties; [ 3 ] AND UPON noting that, in view of the striking out (without leave to amend) of the plaintiff’s statement of claim in court file number T-197-16, the plaintiff is not entitled to reassert claims similar to those made therein; [ 4 ] AND UPON noting that the plaintiff is also not entitled to assert any claims before this Court that do not fall within the jurisdiction of the Federal Court; [ 5 ] AND BEING satisfied that none of the plaintiff’s allegations in court file numbers T-1079-16, T-1177-16, T-1178-16, T- 1179-16, T-1180-16, and T-1182-16 satisfies the two criteria of (
i) not reasserting claims similar to those made in court file number T- 197-16, and (ii) falling within the jurisdiction of the Federal Court; [ 6 ] AND UPON concluding that it is not necessary to decide whether the statements of claim in issue should also be struck as scandalous, frivolous, or vexatious; [ 7 ] AND BEING satisfied that consolidation is appropriate here due to the commonality of the parties, issues, facts, and remedies, as well as the absence of prejudice to the plaintiff; JUDGMENT THIS COURT’S JUDGMENT is that : 1.
The plaintiff’s statements of claim in court file numbers T-1079-16, T-1177-16, T-1178-16, T-1179-16, T-1180-16, and T-1182-16 are consolidated into one proceeding under T-1079-16. 2. The plaintiff’s statements of claim in the above-listed files are struck out without leave to amend. 3. The defendant shall have costs in the amount of $500.00. “George R. Locke” Judge
FEDERAL COURT SOLICITORS OF RECORD DOCKETS: T-1079-16, T-1177-16, T-1178-16, T-1179-16, T-1180-16, T-1182-16 STYLE OF CAUSE: DARREN ROSS NODDLE v HER MAJESTY THE QUEEN MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES REASONS FOR JUDGMENT AND JUDGMENT: LOCKE J. DATED: August 25, 2016 SUBMISSIONS : Mr. Darren Ross Noddle FOR THE PLAINTIFF (SELF-REPRESENTED) Mr. Stewart Phillips For The Defendant SOLICITORS OF RECORD : William F. Pentney Deputy Attorney General of Canada Toronto, Ontario For The Defendant
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