Fearing v. Canada

Decided: 2026-10-16. Docket: T-2344-25. Citation: 2026 FC 1273 (CanLII). Procedure — Motions to strike — Pleadings — Federal Courts Rules, r. 221(1)(a) — Whether amended statement of claim discloses a reasonable cause of action — Plain and obvious test, material facts requirement, bald allegations — Claim against Crown for tribunal conduct not properly pleaded — Amended statement of claim struck, without leave to amend, action dismissed | Civil liability — Torts — Misfeasance in public office — Whether pleading establishes deliberate, unlawful act and bad faith by public officers — Allegations recasting adjudicative decisions as unlawful conduct — Insufficient material facts of unlawfulness and intent to injure — Misfeasance claim not reasonably established — Action dismissed | Constitutio