Canada v. St-Arnaud
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Canada v. St-Arnaud Court (s) Database Federal Court Decisions Date 2003-09-18 Neutral citation 2003 FC 1082 File numbers T-1055-02 Decision Content Date: 20030918 Docket: T-1055-02 Citation: 2003 FC 1082 Montréal, Quebec, September 18, 2003 Present: MR. RICHARD MORNEAU, PROTHONOTARY BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Plaintiff and FRANÇOIS ST-ARNAUD Defendant Motion by the defendant for extension of time for the purposes of setting aside the order delivered ex parte on July 21, 2003, by Prothonotary Morneau (rules 204, 369 and 399 of the Federal Court Rules, 1998). REASONS FOR ORDER AND ORDER [1] There is no need to deal with the defendant's request that he be relieved of his failure to serve the motion under consideration within the rule 51 time limits since this rule does not apply to rule 399(1)(a). In this case, the defendant need not obtain an extension of time. [2] As to the tests applicable to this motion to set aside, I would adopt, independently of the issue of the motion's timeliness (the defendant having acted in a timely manner), the test indicated by the plaintiff in paragraph 19 of her written representations, which are included in her record in reply on this motion (the plaintiff's written representations). [3] As to the delay in filing his statement of defence, notwithstanding the submissions of the defendant, I would adopt the approach and arguments advanced by the plaintiff in paragraphs 24 to 37 of her written representations. As to the defe…
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Canada v. St-Arnaud Court (s) Database Federal Court Decisions Date 2003-09-18 Neutral citation 2003 FC 1082 File numbers T-1055-02 Decision Content Date: 20030918 Docket: T-1055-02 Citation: 2003 FC 1082 Montréal, Quebec, September 18, 2003 Present: MR. RICHARD MORNEAU, PROTHONOTARY BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Plaintiff and FRANÇOIS ST-ARNAUD Defendant Motion by the defendant for extension of time for the purposes of setting aside the order delivered ex parte on July 21, 2003, by Prothonotary Morneau (rules 204, 369 and 399 of the Federal Court Rules, 1998). REASONS FOR ORDER AND ORDER [1] There is no need to deal with the defendant's request that he be relieved of his failure to serve the motion under consideration within the rule 51 time limits since this rule does not apply to rule 399(1)(a). In this case, the defendant need not obtain an extension of time. [2] As to the tests applicable to this motion to set aside, I would adopt, independently of the issue of the motion's timeliness (the defendant having acted in a timely manner), the test indicated by the plaintiff in paragraph 19 of her written representations, which are included in her record in reply on this motion (the plaintiff's written representations). [3] As to the delay in filing his statement of defence, notwithstanding the submissions of the defendant, I would adopt the approach and arguments advanced by the plaintiff in paragraphs 24 to 37 of her written representations. As to the defendant's position in relation to paragraph 29 of these written representations, the fact that a request to examine another representative of the plaintiff was referred to only once during the examination of an initial representative of the plaintiff is in my view insufficient to justify the defendant's failure to file a defence. The defendant's position on this point does not refute the essence of paragraph 29 of the plaintiff's written representations, therefore. [4] As to the existence of a cause of action the defendant in this case makes no allegation in his defence in his motion record. It was only after the plaintiff had noted this fact that the defendant, in his respondent's motion record, indicated that he had one. However, when it comes to any development in this regard, he refers the Court to some correspondence sent to the plaintiff in July 2000. ORDER ACCORDINGLY, THE COURT: - dismisses the motion by the defendant to set aside, without costs. "Richard Morneau" Prothonotary Certified true translation Suzanne Gauthier, C. Tr., LL.L. FEDERAL COURT OF CANADA Date: 20030918 Docket: T-1055-02 Between: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Plaintiff and FRANÇOIS ST-ARNAUD Defendant REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA SOLICITORS OF RECORD DOCKET: T-1055-02 STYLE: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Plaintiff and FRANÇOIS ST-ARNAUD Defendant WRITTEN MOTION EXAMINED IN MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES REASONS FOR ORDER OF MR. RICHARD MORNEAU, PROTHONOTARY DATED: September 18, 2003 APPEARANCES: Josée Paquin for the plaintiff Chantale Lemay for the defendant SOLICITORS OF RECORD: Morris Rosenberg for the plaintiff Deputy Attorney General of Canada Reinhardt Bérubé Fortin for the defendant Sainte-Foy, Quebec
Source: decisions.fct-cf.gc.ca