Pascal v. Canada (Attorney General)

Pascal v. Canada (Attorney General)
Court (s) Database
Federal Court Decisions
Date
2003-09-02
Neutral citation
2003 FC 1019
File numbers
T-1262-03
Decision Content
Date: 20030902
Docket: T-1262-03
Citation: 2003 FC 1019
Montréal, Quebec, September 2003
Present: Mr. Richard Morneau, prothonotary
BETWEEN:
JEAN CLAUDE PASCAL
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Requisition by applicant pursuant to Rule 18 of Federal Court Rules (1998).
REASONS FOR ORDER AND ORDER
[1] This requisition by the applicant must be dismissed since the applicant has provided no justification whatever and it would also be contrary to the following factual background.
[2] On May 14, 2001, the applicant filed an application for judicial review pursuant to section 28 of the Federal Court Act, R.S.C. 1985, c. F-7 (case A-296-01).
[3] On July 30, 2001, the Federal Court of Appeal made the following order:
[TRANSLATION]
This application for judicial review shall be transferred to the Federal Court of Canada Trial Division pursuant to Rule 49 of the Federal Court Rules (1998).
[4] Pursuant to that order the Registry of the Court opened a trial record (T-1507-01) and transferred all the documents in the appeal record (A-296-01) to case T-1507-01.
[5] On June 19, 2002, the Court made an order pursuant to the status review notice. It was ordered that the applicant's application for judicial review be dismissed for delay pursuant to paragraph 382(2)(a) of the Federal Court Rules (1998).
[6] On July 2, 2002, the applicant filed a motion appealing the order of June 19, 2002.
[7] On August 27, 2002, the Court dismissed the applicant's motion appealing the order of June 19, 2002.
[8] On September 26, 2002, the applicant filed an appeal from the order of August 27, 2002.
[9] On June 20, 2003, the Federal Court of Appeal dismissed the applicant's appeal.
[10] On July 14, 2003, a request for internal directions drew the Court's attention to the instant case on the foregoing factual background.
[11] On July 15, 2003, I made the following order:
[TRANSLATION]
In view of Mr. Pascal's insistence that his application for judicial review dated July 11, 2003 be filed, please file it subject to the Attorney General of Canada's right to have this proceeding struck out.
[12] The respondent indicated the following to the Court on August 27, 2003:
[TRANSLATION]
We object to the service request served on us by Mr. Pascal on August 10, 2003, (case No. T-1262-03), in which he wishes to transfer case No. T-1507-01 to case No. T-1262-03.
Further, we are awaiting a judgment on the motion (case No. T-1262-03), in which we asked this Honourable Court to apply the res judicata principle and, in accordance with the judgment by Desjardins J.A., dismiss the application for judicial review.
[13] This order is also intended to respond to the request for an internal direction dated August 20, 2003, regarding the applicant's requisition in question.
"Richard Morneau"
Prothonotary
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT
Date: 20030902
Docket: T-1262-03
Between:
JEAN CLAUDE PASCAL
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
AND ORDER
FEDERAL COURT
SOLICITORS OF RECORD
FILE: T-1262-03
STYLE OF CAUSE: JEAN CLAUDE PASCAL
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
APPLICATION FOR SERVICES CONSIDERED IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: September 2, 2003
WRITTEN SUBMISSIONS:
Jean Claude Pascal FOR THE APPLICANT
Michel Mathieu FOR THE RESPONDENT
SOLICITOR OF RECORD:
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada