McDonald v. Canada

Decided: 2026-10-09. Docket: T-900-25. Citation: 2026 FC 1255 (CanLII). Procedure — Procedural fairness — Motion to strike appeal — Whether referring to J Cote & Son Excavating Ltd v Burnaby (City) denied a fair opportunity to respond — Reliance on Bigio v Canada (Governor General in Council) and Heron Bay Investments Ltd v Canada — No breach of procedural fairness found — Appeal dismissed | Procedure — Pleadings — Rule 221(1)(a) motion to strike, leave to amend — Whether amended pleading disclosed no reasonable cause of action and should be struck without leave — Federal Courts Rules, r. 221 and r. 51, Simon v Canada applied — Discretionary decision reviewed under Hospira and Housen — Leave to amend refused — Appeal dismissed | Civil liability — Negligence — Duty of care, proximity, core