Hyperlawhypertext legal database Hanson et al. v. Johnson et al. [1982] 1 SCR 619

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Hanson et al. v. Johnson et al.

[1982] 1 SCR 619 Court SCC Decision date 1982-05-10 Docket 16509 English

PartiesPeter J. Hanson and the Administrator of the Yukon Territory Appellants·Sam Johnson Respondent·Mark Hoffman and Ray Wotton Respondents

Counsel (4)
Sydney B. Horton, for the appellants.
Ronald S. Veale, for the respondents.
Solicitor for the appellants: Sydney B. Horton, Whitehorse.
Solicitors for the respondent Sam Johnson: Cable, Veale, Cosco & Morris, Whitehorse.

Judges Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha

Delivered by Judgment of the Court — DICKSON J.

On appeal from Yukon

Subjects Action

Contents

Judgment of the Court — DICKSON J.

The judgment of the Court was delivered by

DICKSON J.—The appellants applied to a judge in Chambers under the provisions of Rule 19(24) (a) and (b) of the Yukon Supreme Court Rules for an order striking out the writ of summons and statement of claim issued against the appellants, on the ground that the statement of claim disclosed “no reasonable claims” and was “scandalous, frivolous and vexatious”. Maddison J. dismissed the application and his decision was upheld by the Court of Appeal of the Yukon Territory (Taggart, Hutcheon JJ.A., Craig J.A. dissenting).
We have not been persuaded that there was error on the part of the courts below in dismissing
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the motion to strike out. The appeal is accordingly dismissed with costs.
Appeal dismissed with costs.
Solicitor for the appellants: Sydney B. Horton, Whitehorse.
Solicitors for the respondent Sam Johnson: Cable, Veale, Cosco & Morris, Whitehorse.