Azouz v. Canada
Court headnote
Azouz v. Canada Court (s) Database Federal Court Decisions Date 2001-10-23 Neutral citation 2001 FCT 1147 File numbers T-1810-99 Decision Content Date: 20011023 Docket: T-1810-99 Neutral Citation: 2001 FCT 1147 BETWEEN: GABRIEL AZOUZ Plaintiff and HER MAJESTY THE QUEEN Defendant REASONS FOR ORDER AND ORDER RICHARD MORNEAU, PROTHONOTARY [1] IN VIEW OF THE FACT that the presentation of the defendant's motion to strike out the plaintiff's statement of claim was focussed on the meaning of the judgment rendered by the Trial Division of this Court in Devinat v. Canada (Immigration and Refugee Board), [1998] 3 F.C. 590; [2] IN VIEW OF THE FACT that the defendant learned after the hearing of this motion that this judgment had been appealed and that the Federal Court of Appeal rendered judgment on November 29, 1999 ([2000] 2 F.C. 212]), which, according to the defendant's own counsel, "significantly attenuates the meaning of the judgment of the Honourable Mr. Justice Nadon"; [3] IN VIEW OF THE FACT that a motion to strike can only be allowed where it is clear and obvious that it has merit (Sweet et al. v. Canada (1999), 249 N.R. 17, pages 23-24); [4] IN VIEW OF THE FACT that it is hard to conclude that such is the case in this instance given the qualification made by counsel for the defendant and the fact that the parties could not have an opportunity to argue the meaning of the Federal Court of Appeal decision; [5] IT IS APPROPRIATE HEREIN TO ORDER AS FOLLOWS: - The defendant's motio…
Read full judgment
Azouz v. Canada Court (s) Database Federal Court Decisions Date 2001-10-23 Neutral citation 2001 FCT 1147 File numbers T-1810-99 Decision Content Date: 20011023 Docket: T-1810-99 Neutral Citation: 2001 FCT 1147 BETWEEN: GABRIEL AZOUZ Plaintiff and HER MAJESTY THE QUEEN Defendant REASONS FOR ORDER AND ORDER RICHARD MORNEAU, PROTHONOTARY [1] IN VIEW OF THE FACT that the presentation of the defendant's motion to strike out the plaintiff's statement of claim was focussed on the meaning of the judgment rendered by the Trial Division of this Court in Devinat v. Canada (Immigration and Refugee Board), [1998] 3 F.C. 590; [2] IN VIEW OF THE FACT that the defendant learned after the hearing of this motion that this judgment had been appealed and that the Federal Court of Appeal rendered judgment on November 29, 1999 ([2000] 2 F.C. 212]), which, according to the defendant's own counsel, "significantly attenuates the meaning of the judgment of the Honourable Mr. Justice Nadon"; [3] IN VIEW OF THE FACT that a motion to strike can only be allowed where it is clear and obvious that it has merit (Sweet et al. v. Canada (1999), 249 N.R. 17, pages 23-24); [4] IN VIEW OF THE FACT that it is hard to conclude that such is the case in this instance given the qualification made by counsel for the defendant and the fact that the parties could not have an opportunity to argue the meaning of the Federal Court of Appeal decision; [5] IT IS APPROPRIATE HEREIN TO ORDER AS FOLLOWS: - The defendant's motion to strike out the plaintiff's statement of claim is dismissed, costs to follow, the whole subject to the defendant's right to re-appeal; - The present reasons for order and order are applicable mutatis mutandis to docket T-1809-99. Richard Morneau Prothonotary Montréal, Quebec October 23, 2001 Certified true translation Suzanne M. Gauthier, LL.L., Trad. a. FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20011023 Docket: T-1810-99 Between: GABRIEL AZOUZ Plaintiff and HER MAJESTY THE QUEEN Defendant REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET NO: T-1810-99 STYLE: GABRIEL AZOUZ Plaintiff and HER MAJESTY THE QUEEN Defendant PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: October 22, 2001 REASONS FOR ORDER AND ORDER OF RICHARD MORNEAU, PROTHONOTARY DATED: October 23, 2001 APPEARANCES: Denis A. Lapierre FOR THE PLAINTIFF Pierre Lamothe FOR THE DEFENDANT SOLICITORS OF RECORD: SWEIBEL NOVEK FOR THE PLAINTIFF Montréal, Quebec Morris Rosenberg FOR THE DEFENDANT Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fct-cf.gc.ca