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In 1999, Mr. Simon entered into a sponsorship agreement with the B.C. government in respect of his first wife, a resident of Honduras.  She immigrated to Canada.  When they separated in 2000, she began receiving benefits from B.C., giving rise to an alleged sponsorship debt.  In 2008, B.C. requested and received payment of Mr. Simon’s federal tax refunds from Canada in order to realize on the sponsorship debt.  Mr. Simon filed a statement of claim seeking a declaration that he did not owe a debt to British Columbia under the sponsorship agreement.  The Federal Court struck the statement of claim without leave to amend, but the Federal C.A. allowed an appeal in part, granting Mr. Simon leave to amend to particularize his claim against Canada.  Mr. Simon served and filed an amended statement of claim alleging additional facts and seeking additional remedies.  The Federal Court struck the amended statement of claim without leave to amend.  The Federal C.A. dismissed Mr. Simon’s appeal.
Zoltan Andrew Simon v. R. (Fed. C.A., Feb. 13, 12) (34831) “The motion for an extension of time to serve and file the application for leave to appeal is granted.  All other ancillary motions are dismissed. The application for leave to appeal… is dismissed with costs.”
Link to C,A, decision

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