Federal Court of Appeal - Hahn v. Canada

[1] This is an appeal from a decision of Blanchard J. (2002 FCT 788) allowing with costs the motion of the respondent and striking out in its entirety without leave to amend the statement of claim filed by the appellant.

[2] The learned judge found that the statement of claim discloses no reasonable cause of action and has not the slightest chance of success. He found, in addition, that the claim is prejudicial as well as futile and not susceptible of leading to a legal remedy with respect to the facts alleged. He went on to state that "The Crown cannot respond to the claim as pleaded nor could the Court regulate the conduct of such action".

[3] These are findings of law and of fact with which I am not prepared to interfere. The appellant's written and oral submissions to this Court fail to identify any reviewable error that would have been committed by the motions judge.

[4] The appeal should be dismissed with costs here and below. I would award costs in favour of the respondent in the amount of $300 for the appeal, in addition to the costs in the amount of $250 already awarded in the Trial Division.

"Robert Décary"

J.A.

"I agree.

J. Edgar Sexton, J.A."

"I agree.

K. Sharlow, J.A."

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: A-434-02

APPEAL FROM AN ORDER OF MR. JUSTICE BLANCHARD OF THE FEDERAL COURT, DATED JULY 15, 2002 IN COURT FILE NUMBER T-193-02

STYLE OF CAUSE: KYU-BOM HAHN, JI-JONG LEE (MOTHER) v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA

PLACE OF HEARING: OTTAWA, ONTARIO

DATE OF HEARING: MARCH 3, 2004

REASONS FOR JUDGMENT: DÉCARY J.A.

CONCURRED IN BY: SEXTON J.A., SHARLOW J.A.

DATED: MARCH 5, 2004

APPEARANCES:

Mr. Kyu-Bom Hahn

APPELLANT

Ms. Monika Lozinska

FOR THE RESPONDENT

SOLICITORS OF RECORD:

Mr. Kyu-Bom Hahn

Ottawa, Ontario

APPELLANT

Morris Rosenberg, Deputy Attorney General of Canada

Ottawa, Ontario

FOR THE RESPONDENT