Is a striking out without leave to amend?
Canada (Federal), Canada
The following excerpt is from Spatling v. Canada (Solicitor General), 2003 FCT 445 (CanLII):
There being no jurisdiction, there is no scintilla of a cause of action and thus the striking out is without leave to amend: see Kiely v. The Queen (1987) 10 F.T.R. 10 at 11 and Larden v. Canada (1998) 145 F.T.R.140 at 149-150.
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