John Frederick Carten, et al. v. Her Majesty the Queen in Right of Canada, Jean Chrétien, Eddie Goldenberg, Sergio Marchi, Lloyd Axworthy, Pierre Pettigrew, et al.

(Federal) (Civil) (By Leave)


Civil procedure - Appeals, Costs.


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Civil procedure – Appeals – Costs – Security for costs – Applicants ordered to post security for costs after appeals from order striking statement of claim – Whether Respondents obtained orders appealed from for an improper purpose as part of scheme to conceal criminal activity by government - Whether Applicants denied access to a remedy – Whether lower court justices acted with bias towards Applicants and abused their power

The Applicants filed a civil action seeking damages for alleged acts and omissions by the Federal Crown in preserving and protecting secrets related to the issue of bulk water export policies of Canada and British Columbia. The other Respondents, including the province of British Columbia, politicians and public servants, were sued on the basis that they acted as agents or employees of the Federal Crown. The Prothonotary struck out the statement of claim without leave to amend, with costs. The Applicants’ appeal of this order was dismissed, also with costs. On February 8, 2011, several of the Respondents obtained an order from the Federal Court of Appeal requiring the Applicants to post security for costs in the amount of $10,000, payable within six months of the order. The Applicants sought leave to appeal from that decision but their application was dismissed by the Court on October 13, 2011. The Federal Court of Appeal issued a Notice of Status Review requiring the Applicants to serve and file representations stating why their appeal should not be dismissed for the delay, justifying the delay and proposing a timetable for the completion of the steps necessary to advance their appeal expeditiously.