Bruneau v. Canada

Bruneau v. Canada
Court (s) Database
Federal Court Decisions
Date
2003-10-16
Neutral citation
2003 FC 1202
File numbers
T-1336-03
Decision Content
Date: 20031016
Docket: T-1336-03
Citation: 2003 FC 1202
Montréal, Quebec, October 16, 2003
PRESENT: MR. RICHARD MORNEAU, PROTHONOTARY
BETWEEN:
LUC BRUNEAU
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
Motion by the defendant to strike the statement of claim and amended statement of claim and to dismiss the plaintiff's action.
[Rules 8, 221, 359 and 369 of the Federal Court Rules, 1998]
REASONS FOR ORDER AND ORDER
[1] After considering the respective written submissions of the two parties, I consider this motion should be allowed without costs and the plaintiff's amended statement of claim accordingly struck out, and that his action should thus be dismissed, on two grounds.
[2] First, for the same reasons as stated by the defendant, it is quite obvious that this action was prescribed at the time it was filed.
[3] Second, this action by the plaintiff must be seen as frivolous. The plaintiff essentially argued in his amended statement of claim that a visa officer, Michael S. McCaffrey, made an error in granting a visa to a woman named Zoubida Kachmar, a citizen of Morocco.
[4] The facts submitted by the plaintiff in his amended statement of claim indicate inter alia that the plaintiff married the woman by proxy.
[5] The plaintiff sponsored Ms. Kachmar and she applied for and obtained a visa.
[6] Before Ms. Kachmar arrived in Canada, the plaintiff realized his wife was not acting in good faith.
[7] The plaintiff accordingly cancelled Ms. Kachmar's air ticket to avoid her coming to Canada.
[8] Ms. Kachmar finally entered Canada, since she lived with the plaintiff from June 8 to November 9, 1997.
[9] It is accordingly strange, not to say frivolous, for the plaintiff now to object to the visa officer having given Ms. Kachmar a visa on the ground that she was not acting in good faith, since he lived with her himself for five months after the visa was issued.
"Richard Morneau"
Prothonotary
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT
SOLICITORS OF RECORD
FILE: T-1336-03
STYLE OF CAUSE: LUC BRUNEAU
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
WRITTEN MOTION CONSIDERED IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: October 16, 2003
WRITTEN SUBMISSIONS:
Luc Bruneau for the plaintiff
Marie-Claude Demers for the defendant
SOLICITORS OF RECORD:
Morris Rosenberg for the defendant
Deputy Attorney General of Canada