IN THE SUPREME COURT OF NOVA SCOTIA
Citation: D.C. v. Children’s Aid Society of Cape Breton, 2008 NSSC 196
Date: 20080709
Docket: SN 206119
Registry: Sydney
Between:
D. C.
Plaintiff
v.
Children’s Aid Society of Cape Breton Victoria,
a body corporate
Defendant
LIBRARY HEADING
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Editorial Notice
Identifying information has been removed from this electronic version of the library sheet. |
Judge: The Honourable Justice C. Richard Coughlan
Heard: June 3, 2008, in Sydney, Nova Scotia
Decision: June 3, 2008 (Orally)
Release of
Written Decision: July 9, 2008
Subject: Practice - Striking out statement of claim - Failure to disclose cause of action
Summary: The defendant apprehended a newborn child of which the plaintiff was the father. The plaintiff sued the defendant, basing his claim on negligence, malicious prosecution, abuse of position, abuse of process, breach of fiduciary duty and defamation of character. The defendant applied to strike the statement of claim.
Issue: Does the statement of claim disclose a cause of action?
Result: Application granted. Assuming the facts pleaded as true, it is plain and obvious the statement of claim discloses no reasonable cause of action.
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