Philbert v. Canada
PHILBERT, EMMA ELIZABETH
Law Firm / Organization
Unrepresented
HIS MAJESTY THE KING
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Sarah Rajguru

- Parties: The plaintiff was Emma Elizabeth Philbert. The defendant was His Majesty the King.

- Subject Matter: The plaintiff brought lawsuits against a former neighbour, a lawyer working for the federal justice department. The plaintiff filed a statement of claim alleging that Canada was liable for certain conduct by judges and functionaries of the Ontario Superior Court and the Ontario Court of Appeal relating to the handling and ultimate dismissal of her suits. She alleged breaches under the Canadian Charter of Rights and Freedoms, a failure by Canada to meet numerous obligations, and the torts of abuse of public office and misfeasance in public office. The defendant moved to strike the claim for failing to disclose a reasonable cause of action and for being frivolous, vexatious, and/or abusive of process.

- Ruling: The court ruled in the defendant Crown’s favour, granted its motion, and struck out the statement of claim without leave to amend. The court held that permitting the action to proceed to further steps and ultimately to a trial would result in the parties dedicating time and money to litigation where the plaintiff plainly and obviously could not succeed.

- Date: The hearing was set on May 10, 2023. The court released its decision on Nov. 14, 2023.

- Venue: This was a federal case before the Federal Court.

- Amount: The court ordered the plaintiff to pay the defendant the costs of the action and the motion in the fixed, inclusive amount of $500.

Federal Court
T-98-23
Constitutional law
$ 500
Defendant
10 January 2023