CIVIL PROCEDURE - Pleadings - Amendment of - Striking out pleadings or allegations

Law360 Canada ( February 20, 2026, 9:39 AM EST) -- Appeal by appellants from an order striking their claim against the Attorney General of Canada (Attorney General) for failure to disclose a reasonable cause of action. The claim arose after Sienna was fatally shot by neighbour Duckett, who held a firearms licence. The appellants alleged that the Attorney General negligently failed to administer regulatory oversight in issuing Duckett’s licence and owed them a private law duty of care by virtue of its control over firearms licensing. They pleaded breaches of statutory duties under the Firearms Act, including failure to investigate Duckett’s application, verify completion of safety training, and assess his mental health history. The motion judge held that no duty of care could arise because the facts pleaded did not establish proximity and, alternatively, that policy reasons negated such a duty, as recognizing it would make Canada an insurer for victims of firearm-related crimes. The appellants argued that the motion judge erred by striking the claim without leave to amend and that circumstances could be pleaded to support an arguable duty of care based on statutory duties combined with interactions creating proximity. The Attorney General maintained that the legislation created only public duties and that the claim, as pleaded, was untenable....
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