Lavoie v. Canada
Court headnote
Lavoie v. Canada Court (s) Database Federal Court Decisions Date 2001-05-31 Neutral citation 2001 FCT 566 File numbers T-2048-00 Decision Content Date: 20010531 Docket: T-2048-00 Neutral citation: 2001 FCT 566 BETWEEN: MICHEL LAVOIE Plaintiff - and - HER MAJESTY THE QUEEN Defendant REASONS FOR ORDER AND ORDER BLAIS J. [1] This is a motion by the defendant asking the Court to require the plaintiff to clarify certain allegations in the plaintiff's statement of claim. [2] I have examined Martin Lamontagne's notice of motion and affidavit as well as the reply filed by the plaintiff. [3] Although this is a motion for particulars, counsel for the defendant simply mentioned that certain allegations were vague and imprecise, without saying which ones, and that without further details the defendant would be unable to give an adequate and intelligent response to the allegations contained in the plaintiff's statements of claim. [4] I also note that the defendant failed in her attempt to have several paragraphs of the statement of claim struck out. [5] I have examined the plaintiff's statement of claim and it seems to me to be sufficiently detailed at this stage: it will probably be possible to provide support for the evidence later, in examinations or at the hearing. [6] This motion for particulars is accordingly dismissed with costs. Pierre Blais Judge OTTAWA, ONTARIO May 31, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA TRIAL DIVISION NAME…
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Lavoie v. Canada Court (s) Database Federal Court Decisions Date 2001-05-31 Neutral citation 2001 FCT 566 File numbers T-2048-00 Decision Content Date: 20010531 Docket: T-2048-00 Neutral citation: 2001 FCT 566 BETWEEN: MICHEL LAVOIE Plaintiff - and - HER MAJESTY THE QUEEN Defendant REASONS FOR ORDER AND ORDER BLAIS J. [1] This is a motion by the defendant asking the Court to require the plaintiff to clarify certain allegations in the plaintiff's statement of claim. [2] I have examined Martin Lamontagne's notice of motion and affidavit as well as the reply filed by the plaintiff. [3] Although this is a motion for particulars, counsel for the defendant simply mentioned that certain allegations were vague and imprecise, without saying which ones, and that without further details the defendant would be unable to give an adequate and intelligent response to the allegations contained in the plaintiff's statements of claim. [4] I also note that the defendant failed in her attempt to have several paragraphs of the statement of claim struck out. [5] I have examined the plaintiff's statement of claim and it seems to me to be sufficiently detailed at this stage: it will probably be possible to provide support for the evidence later, in examinations or at the hearing. [6] This motion for particulars is accordingly dismissed with costs. Pierre Blais Judge OTTAWA, ONTARIO May 31, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT No.: T-2048-00 STYLE OF CAUSE: MICHEL LAVOIE -and- HER MAJESTY THE QUEEN WRITTEN MOTION CONSIDERED WITHOUT APPEARANCE BY PARTIES REASONS FOR ORDER AND ORDER BY: BLAIS J. DATED: May 31, 2001 WRITTEN SUBMISSIONS BY: Michel Lavoie FOR HIMSELF Sébastien Gagné FOR THE DEFENDANT SOLICITORS OF RECORD: Morris Rosenberg FOR THE DEFENDANT Deputy Attorney General of Canada Ottawa, Ontario
Source: decisions.fct-cf.gc.ca