Pace v. The Queen
Court headnote
Pace v. The Queen Court (s) Database Federal Court Decisions Date 2001-03-20 Neutral citation 2001 FCT 203 File numbers T-2769-96 Decision Content Date: 20010320 Docket: T-2769-96 Neutral Citation: 2001 FCT 203 MONTREAL, QUEBEC, THIS 20th DAY OF MARCH 2001 PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY BETWEEN: LARRY PACE Plaintiff AND HER MAJESTY THE QUEEN Defendant Motion on behalf of Defendant for permission to amend its Statement of Defence. REASONS FOR ORDER AND ORDER RICHARD MORNEAU, ESQ., PROTHONOTARY [1] Upon considering the written representations filed by the parties in relation to the motion at bar; [2] The defence pursuant to section 32(1) of the Criminal Code arises out of the facts already pleaded in the Statement of Claim and the Statement of Defence. The Defendant has already pleaded a similar defence of justified use of force pursuant to the Corrections and Conditional Release Act. The proposed amendment does not allege any new facts of which the Plaintiff or his counsel are not aware. The amendments sought by the Defendant do not materially alter the nature of the Statement of Defence which has been presented by the Defendant since the beginning of this matter. I am satisfied that the Plaintiff will suffer no prejudice by allowing the proposed amendments. [3] Therefore, the Defendant's motion is granted with costs to the Defendant. The Amended Statement of Defence shall be served and filed within ten (10) days of the date of this Order. [4] As to the Plaintiff…
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Pace v. The Queen Court (s) Database Federal Court Decisions Date 2001-03-20 Neutral citation 2001 FCT 203 File numbers T-2769-96 Decision Content Date: 20010320 Docket: T-2769-96 Neutral Citation: 2001 FCT 203 MONTREAL, QUEBEC, THIS 20th DAY OF MARCH 2001 PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY BETWEEN: LARRY PACE Plaintiff AND HER MAJESTY THE QUEEN Defendant Motion on behalf of Defendant for permission to amend its Statement of Defence. REASONS FOR ORDER AND ORDER RICHARD MORNEAU, ESQ., PROTHONOTARY [1] Upon considering the written representations filed by the parties in relation to the motion at bar; [2] The defence pursuant to section 32(1) of the Criminal Code arises out of the facts already pleaded in the Statement of Claim and the Statement of Defence. The Defendant has already pleaded a similar defence of justified use of force pursuant to the Corrections and Conditional Release Act. The proposed amendment does not allege any new facts of which the Plaintiff or his counsel are not aware. The amendments sought by the Defendant do not materially alter the nature of the Statement of Defence which has been presented by the Defendant since the beginning of this matter. I am satisfied that the Plaintiff will suffer no prejudice by allowing the proposed amendments. [3] Therefore, the Defendant's motion is granted with costs to the Defendant. The Amended Statement of Defence shall be served and filed within ten (10) days of the date of this Order. [4] As to the Plaintiff's request for further discovery, I am satisfied that Plaintiff's counsel has already discovered the Crown's representative on the same facts and circumstances giving rise to the proposed amendments. Therefore, the Plaintiff's request in this regard is denied. Richard Morneau Prothonotary FEDERAL COURT OF CANADA NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT NO.: STYLE OF CAUSE: T-2769-96 LARRY PACE Plaintiff AND HER MAJESTY THE QUEEN Defendant WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ORDER BY:Richard Morneau, Esq., Prothonotary DATE OF REASONS FOR ORDER:March 20, 2001 WRITTEN OBSERVATIONS BY: Mr. Mark T. Knox for the Plaintiff Mr. David A. Graves for the Defendant SOLICITORS OF RECORD: Garson, Knox & MacDonald Halifax, Nova Scotia for the Plaintiff McInnes Cooper Halifax, Nova Scotia for the Defendant
Source: decisions.fct-cf.gc.ca