Noddle v. Canada

Noddle v. Canada
Court (s) Database
Federal Court Decisions
Date
2016-08-25
Neutral citation
2016 FC 966
File numbers
T-1079-16, T-1177-16, T-1178-16, T-1179-16, T-1180-16, T-1182-16
Decision Content
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