Froom v. Canada

Froom v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2003-03-17
Neutral citation
2003 FCA 141
File numbers
A-232-02
Decision Content
Date: 20030317
Docket: A-232-02
Neutral citation: 2003 FCA 141
CORAM: STRAYER J.A.
NADON J.A.
EVANS J.A.
BETWEEN:
ARTHUR FROOM
Appellant
- and -
HER MAJESTY THE QUEEN and
THE MINISTER OF JUSTICE
Respondent
Heard at Toronto, Ontario, on Monday, March 17, 2003.
Judgment delivered from the Bench at Toronto, Ontario, on Monday, March 17, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20030317
Docket: A-232-02
Neutral citation: 2003 FCA 141
CORAM: STRAYER J.A.
NADON J.A.
EVANS J.A.
BETWEEN:
ARTHUR FROOM
Appellant
- and -
HER MAJESTY THE QUEEN and
THE MINISTER OF JUSTICE
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Monday, March 17, 2003.)
EVANS J.A.
[1] This appeal by Arthur Froom arises from a decision of a Prothonotary to set a date for the hearing of two motions brought by the respondents, the defendants in the matter. The motions are to strike the appellant’s statements of claim and, in the alternative, to seek an extension of time for filing a defence. The respondents did not seek leave of the Court to bring these motions when they requested that a date be set.
[2] We are all of the opinion that the appeal should be dismissed. Gibson J. made no error in dismissing the appeal: Froom v. The Queen, 2002 FCT 461.
[3] No right of appeal lies from a direction of the Court: Pellikaan v. Canada, 2001 FCT 1415. Counsel for Mr. Froom argued that the Prothonotary had no power to set a date for the hearing of the motion to strike. He submitted that, because they have failed to file a defence within the time prescribed by the Federal Court Rules, 1998, and have not obtained an extension of time, the respondents require leave to file their motion. Whether, as counsel for Mr. Froom argues, the respondents require leave to file their motion to strike is a question that can be decided when the motion is heard.
[4] For these reasons, the appeal will be dismissed with costs payable forthwith by the appellant in the amount of $1,000.00 inclusive of disbursements.
“John M. Evans”
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: A-232-02
STYLE OF CAUSE: ARTHUR FROOM
Appellant
- and -
HER MAJESTY THE QUEEN and
THE MINISTER OF JUSTICE
Respondent
DATE OF HEARING: MONDAY, MARCH 17, 2003
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: EVANS J.A.
DATED: MONDAY, MARCH 17, 2003
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON MARCH 17, 2003.
APPEARANCES BY: Mr. Lorne Waldman
For the Appellant
Ms. Dale Yurka
For the Respondent
SOLICITORS OF RECORD: Arthur Froom
c/o David Cousins
425 University Ave
Suite 203
Toronto, Ontario
M5G 1T6
For the Appellant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent