Federal Court of Appeal - Edgelow v. Canada

[1] Mr. Edgelow appeals the decision of Blanchard J. who struck out his Statement of Claim on the ground that it did not disclose a reasonable cause of action.

[2] Blanchard J. rendered this decision exercising his discretion de novo in the course of an appeal from the earlier decision of Prothonotary Hargrave who had also concluded that Mr. Edgelow's Statement of Claim did not disclose a reasonable cause of action.

[3] Mr. Edgelow raised before us the same points and arguments as those which he raised in the earlier instances. Both Blanchard J. and the Prothonotary in the reasons that they gave dealt with these arguments and explained why the action could not be allowed to continue.

[4] I can detect no error in this regard. Mr. Edgelow obviously does not accept this result. However, I can do no better than reiterate the reasons already given.

[5] I would dismiss the appeal with costs

"Marc Noël"

J. A.

"I agree

Marshall Rothstein J.A."

"I agree

Marc Noël J.A."

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: A-499-03

STYLE OF CAUSE: Scott Edgelow v. The Queen

In Right of Canada

PLACE OF HEARING: Calgary, Alberta

DATE OF HEARING: May 18, 2004

REASONS FOR JUDGMENT BY: NOËL J.A.

CONCURRED IN BY: ROTHSTEIN J.A.

NOËL J.A.

APPEARANCES:

Mr. Scott Edgelow

FOR THE APPELLANT

(Acting on His Own Behalf)

Ms. Camille Audain

FOR THE RESPONDENT

SOLICITORS OF RECORD:

Mr. Scott Edgelow

Calgary, Alberta

FOR THE APPELLANT

(Acting on His Own Behalf)

Morris A. Rosenberg

FOR THE RESPONDENT

Deputy Attorney General of Canada