Ding v. Canada
Court headnote
Ding v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2007-01-10 Neutral citation 2007 FCA 11 File numbers A-108-06 Decision Content Date: 20070110 Docket: A-108-06 Citation: 2007 FCA 11 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: YUNHONG DING, SHIYANG DING by his Litigation Guardian YUNHONG DING, and DANIEL SHIWEN DING by his Litigation Guardian YUNHONG DING Appellants and HER MAJESTY THE QUEEN Respondent Heard at Toronto, Ontario, on January 8, 2007. Judgment delivered at Toronto, Ontario, on January 10, 2007. REASONS FOR JUDGMENT BY: SHARLOW J.A. CONCURRED IN BY: NADON J.A. SEXTON J.A. Date: 20070110 Docket: A-108-06 Citation: 2007 FCA 11 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: YUNHONG DING, SHIYANG DING by his Litigation Guardian YUNHONG DING, and DANIEL SHIWEN DING by his Litigation Guardian YUNHONG DING Appellants and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT SHARLOW J.A. [1] This is an appeal of an order of a judge of the Federal Court dated March 7, 2006, affirming the order of a Prothonotary dated January 25, 2006 striking the Appellants’ statement of claim without leave to amend. [2] The appellants are claiming damages as the result of the manner in which government officials handled the citizenship application of Yunhong Ding. [3] Both the Judge and the Prothonotary concluded that the statement of claim did not disclose a factual foundation for a claim in damages. We agree with them, substantially for the reasons t…
Read full judgment
Ding v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2007-01-10 Neutral citation 2007 FCA 11 File numbers A-108-06 Decision Content Date: 20070110 Docket: A-108-06 Citation: 2007 FCA 11 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: YUNHONG DING, SHIYANG DING by his Litigation Guardian YUNHONG DING, and DANIEL SHIWEN DING by his Litigation Guardian YUNHONG DING Appellants and HER MAJESTY THE QUEEN Respondent Heard at Toronto, Ontario, on January 8, 2007. Judgment delivered at Toronto, Ontario, on January 10, 2007. REASONS FOR JUDGMENT BY: SHARLOW J.A. CONCURRED IN BY: NADON J.A. SEXTON J.A. Date: 20070110 Docket: A-108-06 Citation: 2007 FCA 11 CORAM: NADON J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: YUNHONG DING, SHIYANG DING by his Litigation Guardian YUNHONG DING, and DANIEL SHIWEN DING by his Litigation Guardian YUNHONG DING Appellants and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT SHARLOW J.A. [1] This is an appeal of an order of a judge of the Federal Court dated March 7, 2006, affirming the order of a Prothonotary dated January 25, 2006 striking the Appellants’ statement of claim without leave to amend. [2] The appellants are claiming damages as the result of the manner in which government officials handled the citizenship application of Yunhong Ding. [3] Both the Judge and the Prothonotary concluded that the statement of claim did not disclose a factual foundation for a claim in damages. We agree with them, substantially for the reasons they gave. [4] I would dismiss this appeal with costs. “K. Sharlow” J.A. “I agree M. Nadon” J.A. “I agree J. Edgar Sexton” J.A. FEDERAL COURT OF APPEAL Names of Counsel and Solicitors of Record DOCKET: A-108-06 STYLE OF CAUSE: yunhong ding, shiyang ding by his litigation guardian YUNHONG DING, and DANIEL SHIWEN DING by his litigation guardian YUNHONG DING Appellants and HER MAJESTY THE QUEEN Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: January 8, 2007 REASONS FOR JUDGMENT: sharlow j.a. CONCURRED IN BY: nadon j.a. sexton j.a. DATED: january 10, 2007 APPEARANCES BY: Yunhong ding For the Appellants, on their own behalf leena a. jaakkimainen margerhita braccio For the Respondent SOLICITORS OF RECORD: yunhong ding Windsor, Ontario for the appellants, on their own behalf John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca