Sa’d v. Yew, 2023 FC 1286
Justice Southcott - 2023-09-25
Read full decision. Automatically generated summary:
This Order and Reasons address a motion filed by the Defendants, the Canadian Anti-Hate Network and Morgan Yew, seeking an order under Rules 221(1)(a), (c) and (f) of the Federal Courts Rules, striking the Statement of Claim in this matter, without leave to amend, and other ancillary relief. As explained in greater detail below, the Defendants’ motion under Rule 221(1)(a) is granted, and the Statement of Claim will be struck without leave to amend, because it is plain and obvious that the Statement of Claim discloses no reasonable cause of action and therefore has no reasonable prospect of success, and the Plaintiff has failed to identify any amendment that might be capable of curing this deficiency. ... Importantly, for purposes of the Defendants’ argument, the application of subsection 7(a) of the TMA is limited to creating a cause of action relating to false and misleading statements made about a trademark or other intellectual property of the claimant.
Decision relates to:
- T-1452-23 - CARYMA SA'D v. CANADIAN ANTI-HATE NETWORK ET AL.