Date: 20040225
Docket: T-1890-02
Citation: 2004 FC 339
Montréal, Quebec, February 25, 2004
Present: RICHARD MORNEAU, PROTHONOTARY
BETWEEN:
MICHEL LALIBERTÉ
CORRECTIONAL OFFICER
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
This is motion by the defendant for a stay of proceedings pending a final decision on the Attorney General of Canada's motion to strike the statement of claim in Galarneau v. Attorney General of Canada and Correctional Service of Canada, docket T-2414-03. Without costs.
[Section 50 of the Federal Courts Act]
REASONS FOR ORDER AND ORDER
[1] For the following reasons, the defendant's motion to stay the proceedings is dismissed, with costs in the cause.
[2] It appears that the stay being sought has been proposed at this time only because of a motion to strike that the Crown is seeking to introduce in a recently opened file, i.e. a class action planned by Hélène Galarneau, docket T-2414-03. The date for the motion to strike in Hélène Galarneau's case has not yet been set and the final outcome of this motion is even less certain. On the other hand, the hearing on the merits in the present case is ready to be scheduled and, indeed, is hereby scheduled for October 25, 2004, for four days, in French, before this Court at 30 McGill Street, in Montréal. The stay now being sought by the Crown must be regarded as an intermediate step, with the view, ultimately, to having the claim struck in the case at bar. If, in a timely manner, before the hearing on the merits in this case, the Crown has a final decision on its motion to strike in the Hélène Galarneau case, T-2414-03, the Crown may apply for summary judgment or to have the action struck against the plaintiff, if the circumstances and the interests of justice then so warrant
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"Richard Morneau" |
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Prothonotary |
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
STYLE OF CAUSE:
T-1890-02
MICHEL LALIBERTÉ
CORRECTIONAL OFFICER
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 23, 2004
REASONS FOR ORDER: RICHARD MORNEAU, PROTHONOTARY
DATED: February 25, 2004
APPEARANCES:
| Michel Laliberté |
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FOR HIMSELF |
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| Marc Ribeiro |
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FOR THE DEFENDANT |
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SOLICITORS OF RECORD:
| Morris Rosenberg |
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FOR THE DEFENDANT
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