Boulachanis v. Canada
Jamie Boulachanis
Law Firm / Organization
Hartman Law
Lawyer(s)

Jeffrey Hartman

Law Firm / Organization
Simao Lacroix S.E.N.C.R.L.
Law Firm / Organization
Smart & Biggar LLP
His Majesty the King
Law Firm / Organization
Aitken Klee LLP
Lawyer(s)

Lesley Caswell

- Parties: The plaintiff was Jamie Boulachanis. The defendant was His Majesty the King. 

- Subject Matter: The plaintiff filed a statement of claim alleging civil liability against the defendant in the amount of $15 million on Sept. 21, 2020. The file was case-managed beginning in November 2020. Almost four years after the filing of the underlying civil liability claim, the file remained at the preliminary stage of fulfilling the undertakings upon which the parties agreed during the examination for discovery held in 2021 and 2022. The court issued a direction dated Apr. 16, 2024, which ordered the plaintiff to transmit all responses to outstanding requests for undertakings by no later than May 15, 2024 and ordered the defendant to serve and file his statement of defence by no later than July 15, 2024. The defendant moved to dismiss the statement of claim based on delay under r. 167 of the Federal Courts Rules, SOR/98-106 on July 3, 2024. 

- Ruling: The court ruled in the defendant’s favour, granted the defendant’s motion, and dismissed the plaintiff’s statement of claim. The court found inordinate and inexcusable delay. The court also held that the defendant established a likelihood of serious prejudice, based on the case law and the evidence. 

- Date: The hearing was set on Oct. 21, 2024. The court released its decision on Dec. 23, 2024. 

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

- Amount: The court awarded costs in the defendant’s favour under r. 407. 

Federal Court
T-1119-20
Personal injury law
Defendant
21 September 2020