la Reine v. Mid Atlantic Minerals Inc.
Court headnote
la Reine v. Mid Atlantic Minerals Inc. Court (s) Database Federal Court Decisions Date 2001-03-08 Neutral citation 2001 FCT 170 File numbers T-1184-00 Decision Content Date: 20010308 Docket: T-1184-00 Neutral citation: 2001 FCT 170 MONTRÉAL, QUEBEC, MARCH 8, 2001 BEFORE: RICHARD MORNEAU, PROTHONOTARY Between: HER MAJESTY THE QUEEN Plaintiff - and - MID-ATLANTIC MINERALS INC. Defendant REASONS FOR JUDGMENT AND JUDGMENT RICHARD MORNEAU, PROTHONOTARY [1] Against the plaintiff's action on an account the defendant raised as a defence that the regulations on which the action was based are in part illegal and discriminatory. The defendant did not file an application for judicial review to seek recognition of its allegations by the Court. I consider that no rule contained in the Federal Court Rules, 1998 allows a defendant simply to raise such matters in a defence and so avoid the statutory requirements contained in ss. 18 and 18.1 of the Federal Court Act, S.C. 1985, c. F-7. [2] As a consequence, and also in view of the admissions contained in the defence about various allegations in the statement of claim, the Court must herein: - allow the plaintiff's action; - order the defendant to pay the plaintiff the sum of $7,052.36 with interest at the rate prescribed in the Interest and Administration Charges Regulations as of April 2, 1998; - the whole with costs. Richard Morneau Prothonotary Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Federal Court of Canada Trial Divi…
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la Reine v. Mid Atlantic Minerals Inc. Court (s) Database Federal Court Decisions Date 2001-03-08 Neutral citation 2001 FCT 170 File numbers T-1184-00 Decision Content Date: 20010308 Docket: T-1184-00 Neutral citation: 2001 FCT 170 MONTRÉAL, QUEBEC, MARCH 8, 2001 BEFORE: RICHARD MORNEAU, PROTHONOTARY Between: HER MAJESTY THE QUEEN Plaintiff - and - MID-ATLANTIC MINERALS INC. Defendant REASONS FOR JUDGMENT AND JUDGMENT RICHARD MORNEAU, PROTHONOTARY [1] Against the plaintiff's action on an account the defendant raised as a defence that the regulations on which the action was based are in part illegal and discriminatory. The defendant did not file an application for judicial review to seek recognition of its allegations by the Court. I consider that no rule contained in the Federal Court Rules, 1998 allows a defendant simply to raise such matters in a defence and so avoid the statutory requirements contained in ss. 18 and 18.1 of the Federal Court Act, S.C. 1985, c. F-7. [2] As a consequence, and also in view of the admissions contained in the defence about various allegations in the statement of claim, the Court must herein: - allow the plaintiff's action; - order the defendant to pay the plaintiff the sum of $7,052.36 with interest at the rate prescribed in the Interest and Administration Charges Regulations as of April 2, 1998; - the whole with costs. Richard Morneau Prothonotary Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Federal Court of Canada Trial Division Date: 20010308 Docket: T-1184-00 Between: HER MAJESTY THE QUEEN Plaintiff AND MID-ATLANTIC MINERALS INC. Defendant REASONS FOR JUDGMENT AND JUDGMENT FEDERAL COURT OF CANADA NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: T-1184-00 STYLE OF CAUSE: HER MAJESTY THE QUEEN Plaintiff AND MID-ATLANTIC MINERALS INC. Defendant PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: March 6, 2001 REASONS FOR JUDGMENT BY: RICHARD MORNEAU, PROTHONOTARY DATE OF REASONS FOR JUDGMENT: March 8, 2001 APPEARANCES: Bernard Letarte for the plaintiff André Braen for the defendant SOLICITORS OF RECORD: Morris Rosenberg for the plaintiff Deputy Attorney General of Canada Marler & Associés for the defendant Montréal, Quebec
Source: decisions.fct-cf.gc.ca