Alex Martinez v. Her Majesty the Queen, et al.

(Federal Court) (Civil) (By Leave)


Judgments and orders - Summary judgments - Judgments and orders — Summary judgments — Motion to strike pleadings — Attorney General of Canada’s motion to strike applicant’s statement of claim granted — Whether willful misconduct and fraud occurred — Whether Federal Court of Appeal was premature in making decision and failed to address the issue of civil and criminal contempt



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In 2005, Mr. Martinez’s former girlfriend called 911 after she observed a man committing an indecent act across the street from her home. A police report was prepared in which Mr. Martinez was named as a witness. He denies that he witnessed the incident. Mr. Martinez commenced an action against various respondents claiming damages. The motion judge struck the applicant’s statement of claim in its entirety. The applicant’s subsequent motion for contempt and reconsideration was dismissed.