Sidhu v. Canada (Attorney General) et al., 2016 YKCA 6

• Judge: Saunders, Sharkey and Harris, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: May 17, 2016
• Jurisdiction: Yukon
• Citations: 2016 YKCA 6;(2016), 389 B.C.A.C. 87 (YukCA)

Sidhu v. Can. (A.G.) (2016), 389 B.C.A.C. 87 (YukCA);

    671 W.A.C. 87

MLB headnote and full text

Temp. Cite: [2016] B.C.A.C. TBEd. JN.020

Mandeep Singh Sidhu (appellant/plaintiff) v. The Attorney General (Canada), Constables Andrew West, Mike Seidemann, Matthew Leggett and Scott Carr, and Corporals Natasha Dunmall and Jason B. Waldner, Members of the Royal Canadian Mounted Police (respondents/defendants)

(15-YU770; 2016 YKCA 6)

Indexed As: Sidhu v. Canada (Attorney General) et al.

Yukon Court of Appeal

Saunders, Sharkey and Harris, JJ.A.

June 10, 2016.

Summary:

In his statement of claim, the plaintiff sought relief arising from various interactions with members of the Royal Canadian Mounted Police (RCMP). He claimed that he had been the subject to discriminatory racial profiling by the RCMP which, inter alia, violated his equality rights under s. 15 of the Charter. The defendants brought the application to strike under rule 20(26) of the Yukon Rules of Court on the grounds that certain paragraphs in the statement of claim disclosed no reasonable claim (rule 20(26)(a)), were unnecessary, scandalous, frivolous or vexatious (rule 20(26)(b)), or that they might prejudice, embarrass or delay the fair trial or hearing of the proceeding (rule 20(26)(c)). The chambers judge allowed the application and struck a number of paragraphs from the pleadings. The plaintiff appealed, claiming that the paragraphs that were struck supported his claim under s. 15 of the Charter.

The Yukon Court of Appeal dismissed the appeal.

Practice - Topic 2230.3

Pleadings - Striking out pleadings - Grounds - Failure to plead material facts - See paragraphs 1 to 19.

Counsel:

Susan Roothman, for the appellant;

Jonathan S. Gorton, for the respondents.

This appeal was heard in Whitehorse, Yukon, on May 17, 2016, before Saunders, Sharkey and Harris, JJ.A., of the Yukon Court of Appeal. The following decision was delivered in Vancouver, British Columbia, for the court, by Harris, J.A., on June 10, 2016.