Sahaguian v. Canada

Sahaguian v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2009-02-03
Neutral citation
2009 FCA 30
File numbers
A-394-08
Decision Content
Date: 20090203
Docket: A-394-08
Citation: 2009 FCA 30
CORAM: LÉTOURNEAU J.A.
BLAIS J.A.
TRUDEL J.A.
BETWEEN:
HRATCH SAHAGUIAN
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Heard at Montréal, Quebec, on February 2, 2009.
Judgment delivered at Montréal, Quebec, on February 3, 2009.
REASONS FOR JUDGMENT BY THE COURT: LÉTOURNEAU J.A.
BLAIS J.A.
TRUDEL J.A.
Date: 20090203
Docket: A-394-08
Citation: 2009 FCA 30
CORAM: LÉTOURNEAU J.A.
BLAIS J.A.
TRUDEL J.A.
BETWEEN:
HRATCH SAHAGUIAN
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
THE COURT
[1] Mr. Sahaguian has instituted an action for damages in the Federal Court claiming $25 million from Her Majesty the Queen for:
"Misrepresentation by false passport. A marriage of convenience. Divorce case under false pretences. Perjury. Criminal abortion, Attorney’s Malpractice. Access to information. Fraud accounting. Conflict of Laws. Brutality at the Canadian embassy in Lebanon. Revocation of Canadian Passport. Abduction into U.S.A. of contempt of court. A Total Loss." (appellant’s statement of claim, appeal book, page 8).
[2] At the request of the respondent, the appellant’s statement of claim was struck by Prothonotary Morneau (order of June 9th, 2008, docket no. T-667-08). The appellant was unsuccessful in his appeal of the Prothonotary’s order in front of the Federal Court (Beaudry J. order of July 9th, 2008, docket no. T-667-08), which caused him to start the present appeal.
[3] In front of this Court, the appellant was given the opportunity to expand on his personal situation, allowing the panel to better understand the motivation behind his lawsuit. Following a constructive exchange with the Court, the appellant admitted that he could not show where Beaudry J. had committed an error in upholding the Prothonotary’s decision on the basis that the appellant’s statement of claim, as drafted, was fatally flawed and showed no valid cause of action against the respondent.
[4] Despite the Court’s sympathy for the appellant’s suffering following a difficult divorce, the appeal will be dismissed and no costs will be awarded considering the facts of this case.
"Gilles Létourneau"
J.A.
"Pierre Blais"
J.A.
"Johanne Trudel"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-394-08
STYLE OF CAUSE: Hratch Sahaguian v.
Her Majesty the Queen
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 2, 2009
REASONS FOR JUDGMENT BY THE COURT: LÉTOURNEAU J.A.
BLAIS J.A.
TRUDEL J.A.
DATED: February 3, 2009
APPEARANCES:
HRATCH SAHAGUIAN
SELF-REPRESENTED APPELLANT
ANTOINE LIPPÉ
FOR THE RESPONDENT
SOLICITORS OF RECORD:
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE RESPONDENT