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CIVIL PROCEDURE - Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action - False, frivolous, vexatious or abuse of process

Friday, September 08, 2017 @ 8:43 AM  

Appeal by Canada from an order striking out its statement of claim on the basis that it was frivolous and vexatious and an abuse of process. The defendant law firm had played a significant role in advancing class actions on behalf of residential school survivors and in negotiating the Indian Residential Schools Settlement Agreement (IRSSA). The IRSSA, including the provisions relating to legal fees, was approved by the court in December 2006. Pursuant to the IRSSA, Canada had paid the defendant $25 million in legal fees....