Here is the decision. This claim was framed as a civil suit and the federal government brought a motion to dismiss. The judge found the action as framed did not comply with the Rules of the court and required the Plaintiffs to show that they had exhausted the usual mediation and grievance procedures before considering if the claims were sufficiently founded to allow the action to stand. And like courts generally do with unrepresented plaintiffs, they give them a great deal of leeway.
Accordingly, the Court concludes in respect of the pleadings, including the draft amended Statement of Claim:
a) the Statement of Claim is inadequate; it fails to set out the specific factual circumstances giving rise to a claim; it fails to set out the standard required; it fails to set out how and in what respect the Defendant’s officers failed to meet that standard;
b) the Statement of Claim, however, is not so inadequate that leave to amend should be denied;
c) no party can be added by simply filing an amended Claim; leave of the Court must be sought;
d) the Plaintiffs should seek competent legal representation;
e) the parties should calmly act in good faith and follow appropriate mediation and grievance procedures before seeking the assistance of the Court.http://www.canlii.co...2012fc1300.html
Edited by Wetcoaster, 04 December 2012 - 11:51 AM.