Date: 19990610
Docket: T-651-99
MONTREAL, QUEBEC, THIS 10th DAY OF JUNE 1999
PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY
BETWEEN:
ALLAN J. LÉGÈRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
Motion on behalf of the Defendant for an Order to strike the Plaintiff's action and for an Order that no further proceedings be instituted by the Plaintiff except by leave of the Court.
[Rule 221 of the Federal Court Rules, 1998
and section 40 of the Federal Court Act]
ORDER AND REASONS FOR ORDER
RICHARD MORNEAU, ESQ., PROTHONOTARY
[1] Based on Olson v. Canada, [1993] 1 F.C. 32 (F.C.A.), the Plaintiff's request for an oral hearing of the Defendant's motion to strike his statement of claim is denied since I am of the view that the Plaintiff has not advanced any sufficient reasons to convince me that the said motion cannot adequately be dealt with in writing and that the present matter cannot be disposed of without the personal appearance of both the Plaintiff and the Defendant.
[2] That having been said, for the reasons expressed by the Defendant in paragraphs 12 to 24 of her written representations forming part of her Motion Record filed on May 19, 1999, the Defendant's motion is granted and
[3] IT IS HEREBY ORDERED THAT:
| - Plaintiff's Statement of Claim is struck; |
| - Plaintiff shall not be allowed to institute further proceedings except by leave of the Court; |
| - The whole with costs. |
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF CAUSE:
T-651-99
ALLAN J. LÉGÈRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES
ORDER AND REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY
DATE OF ORDER AND REASONS FOR ORDER:June 10, 1999
WRITTEN OBSERVATIONS:
Mr. Allan J. Légère for the Plaintiff
Mr. Éric Lafrenière for the Defendant
SOLICITORS OF RECORD:
Mr. Morris Rosenbergfor the Defendant
Deputy Attorney General of Canada