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Yashcheshen v Canada (Attorney General)

Background:
Alicia Yashcheshen, self-represented, sued Jenna Streck, alleging torts including defamation, intentional infliction of emotional distress, negligence, and civil fraud. This was part of a long history of litigation related to criminal harassment charges against Yashcheshen, which were ultimately quashed.

Key Legal Issues:

  1. Whether the second amended statement of claim disclosed reasonable causes of action.

  2. Whether the statement of claim was scandalous, frivolous, vexatious, or immaterial.

  3. Whether the claim could be amended to proceed.

Court’s Findings:

  • The claims for defamation and intentional infliction of emotional distress were found to potentially have merit.

  • The claims for negligence and civil fraud or deceit were struck without leave to amend as they lacked necessary legal elements.

  • The overall statement of claim was unnecessarily lengthy, redundant, and failed to meet procedural standards.

Judgment:
Justice Bergbusch struck the second amended statement of claim but granted Yashcheshen 30 days to amend, limited to defamation and intentional infliction of emotional distress. Failure to comply would result in dismissal.

Costs:
Jenna Streck, the successful party, was awarded costs on Column 1 of the tariff, which reflects minimal complexity in litigation. Financial terms were not specified.

Alicia Yashcheshen
Law Firm / Organization
Self Represented
Attorney General of Canada
Law Firm / Organization
Unrepresented
Jenna Streck
Law Firm / Organization
Naidu Legal
Cameron Nash
Law Firm / Organization
Unrepresented
Trevor Pieterse
Law Firm / Organization
Unrepresented
Donald Dyker
Law Firm / Organization
Unrepresented
Court of King's Bench for Saskatchewan
QBG-SA-00849-2018
Tort law
Not specified/Unspecified
Defendant