Gaskin v. Rogers (2023 FC 1588) is a recent Federal Court decision concerning a proposed class action involving the plaintiffs, Winston E. Gaskin and Yolanda T. Zebko, against Rogers Communications and several other entities.
Key Points:
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Nature of Action:
- The plaintiffs brought a proposed class action and an admiralty action, but their Statement of Claim faced scrutiny due to procedural irregularities.
- The court invoked Rules 72 and 74 to evaluate whether the Statement of Claim should be removed from the file.
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Procedural Issues:
- The claim was not signed by all plaintiffs and contained unspecified defendants ("and others").
- Multiple third parties were named contrary to the applicable rules.
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Rule 74 Review:
- The Court found the claim frivolous, vexatious, and an abuse of process, particularly as it sought remedies unavailable in the Federal Court.
- The claim aimed to circumvent prior court orders in related proceedings and pursued remedies beyond the court’s jurisdiction.
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Previous Proceedings:
- Gaskin had previously filed a judicial review application against the Canadian Human Rights Commission (CHRC), which had been dismissed. He attempted to expand that action via this new claim.
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Decision:
- The Statement of Claim was removed from the court file, and the action was dismissed without leave to amend.
- The court noted that the claim was fundamentally vexatious and an abuse of process.
- Specific costs were not outlined in the decision.
