Date: 19990409
Docket: T-132-99
MONTRÉAL, QUEBEC, THE 9th DAY OF APRIL 1999
Present: RICHARD MORNEAU, PROTHONOTARY
Between:
JULES BERNARD
Plaintiff
AND
THE BAND COUNCIL OF THE
ABÉNAKIS DE WÔLINAK
Defendant
AND
THE REGISTRAR OF THE RESERVE
LAND REGISTER
and
THE HONOURABLE JANE STEWART
Defendants
ORDER
Motion dismissed, costs in the cause if necessary.
Richard Morneau
Prothonotary
Certified true translation
M. Iveson
Date: 19990409
Docket: T-132-99
Between:
JULES BERNARD
Plaintiff
AND
THE BAND COUNCIL OF THE
ABÉNAKIS DE WÔLINAK
Defendant
AND
THE REGISTRAR OF THE RESERVE
LAND REGISTRY
and
THE HONOURABLE JANE STEWART
Defendants
REASONS FOR ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] The Court has before it a motion by the defendant, the Band Council of the Abénakis de Wôlinak, seeking:
| - that any decision with respect to the instant motion be made only on the basis of written representations; |
| - an order striking out the originating document as it discloses no reasonable cause of action; |
| - in the alternative, an order that the defendants, the Minister of Indian and Northern Affairs Canada and the Registrar of the Reserve Land Register be dismissed. |
[2] This motion should be dismissed.
[3] Under the circumstances, the items the defendants seeks to correct through this motion do not represent items which, even if the defendant is eventually found to be justified, seem so incorrect or unacceptable as to require intervention in the process of an application for judicial review (see the remarks of Mr. Justice Strayer in Bull (David) Laboratories (Canada) Inc. v. Pharmacia Inc. et al. (1994), 176 N.R. 48, at pages 54-55). Any motion to strike during an application for judicial review must be exceptional, in order to meet one of the first objectives of the application, to move it along to the hearing stage as quickly as possible.
[4] As Strayer J.A. stated in Pharmacia:
| . . .[T]he focus in judicial review is on moving the application along to the hearing stage as quickly as possible. This ensures that objections to the originating notice can be dealt with promptly in the context of consideration of the merits of the case. |
(See also Merck Frosst Canada Inc. et al. v. Minister of National Health and Welfare et al. (1994), 58 C.P.R. (3d) 245, at page 248, and Glaxo Wellcome Inc. et al. v. Minister of National Health and Welfare et al., an unreported judgment of this Court, September 6, 1996, file T-793-96.)
Richard Morneau
Prothonotary
MONTRÉAL, QUEBEC
April 9, 1999
Certified true translation
M. Iveson
TRIAL DIVISION
FEDERAL COURT OF CANADA
Date: 19990409
Docket: T-132-99
Between:
JULES BERNARD
Plaintiff
AND
THE BAND COUNCIL OF THE ABÉNAKIS DE WÔLINAK
Defendant
AND
THE REGISTRAR OF THE RESERVE LAND REGISTER
and
THE HONOURABLE JANE STEWART
Defendants
REASONS FOR ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.:
STYLE OF CAUSE:
T-132-99
JULES BERNARD
Plaintiff
AND
THE BAND COUNCIL OF THE ABÉNAKIS DE
WÔLINAK
Defendant
AND
THE REGISTRAR OF THE RESERVE LAND
REGISTER
and
THE HONOURABLE JANE STEWART
Defendants
MOTION IN WRITING CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATED:April 9, 1999
WRITTEN REPRESENTATIONS BY:
| Jean-François Lavallée |
for the plaintiff |
| David Schulze |
for the defendant Band Council of the Abénakis de Wôlinak |
| Virginie Cantave |
for the defendants Registrar of the Reserve Land Register and the Honourable Jane Stewart |
SOLICITORS OF RECORD:
| Legris, Michaud, Lacoursière Jean-François Lavallée Trois-Rivières, Quebec |
for the plaintiff |
| Hutchins, Soroka & Dionne David Schulze Montréal, Quebec |
for the defendant Band Council of the Abénakis de Wôlinak |
| Morris Rosenberg Deputy Attorney General of Canada |
for the defendants Registrar of the Reserve Land Register and the Honourable Jane Stewart |