Pascal v. Canada (Attorney General)
Court headnote
Pascal v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2002-08-27 Neutral citation 2002 FCT 914 File numbers T-1507-01 Decision Content Date: 20020827 Docket: T-1507-01 Neutral citation: 2002 FCT 914 BETWEEN: JEAN CLAUDE PASCAL Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER PINARDJ. [1] This is a motion by the applicant appealing an order of Prothonotary Morneau dated June 19, 2002, dismissing his application for judicial review for delay on the basis of paragraph 382(2)(a) of the Federal Court Rules, 1998. [2] The effect of the prothonotary's decision was to put an end to the main proceeding, so I must therefore consider the matter de novo. [3] Following the notice of status review indicating to the applicant that more than 180 days had elapsed since the filing of the notice of application for judicial review and that no requisition for a hearing date had been filed, the applicant was required to show cause why his application should not be dismissed for delay, by means of written representations served and filed on or before April 26, 2002. [4] The record shows that the only reason given by the applicant to attempt to justify his failure to file a requisition for a hearing date was that he [TRANSLATION] "was often busy in other personal matters that had priority" and that [TRANSLATION] "the applicant must be in a peaceful state of mind." In my view, that mere general allegation is far from being sufficient to constitute th…
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Pascal v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2002-08-27 Neutral citation 2002 FCT 914 File numbers T-1507-01 Decision Content Date: 20020827 Docket: T-1507-01 Neutral citation: 2002 FCT 914 BETWEEN: JEAN CLAUDE PASCAL Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER PINARDJ. [1] This is a motion by the applicant appealing an order of Prothonotary Morneau dated June 19, 2002, dismissing his application for judicial review for delay on the basis of paragraph 382(2)(a) of the Federal Court Rules, 1998. [2] The effect of the prothonotary's decision was to put an end to the main proceeding, so I must therefore consider the matter de novo. [3] Following the notice of status review indicating to the applicant that more than 180 days had elapsed since the filing of the notice of application for judicial review and that no requisition for a hearing date had been filed, the applicant was required to show cause why his application should not be dismissed for delay, by means of written representations served and filed on or before April 26, 2002. [4] The record shows that the only reason given by the applicant to attempt to justify his failure to file a requisition for a hearing date was that he [TRANSLATION] "was often busy in other personal matters that had priority" and that [TRANSLATION] "the applicant must be in a peaceful state of mind." In my view, that mere general allegation is far from being sufficient to constitute the required justification. Moreover, the applicant wrongly persisted in wanting to consider his application as an action rather than as an application for judicial review. He never proposed an action plan to continue his proceeding. [5] In the circumstances, it is clear that the applicant does not meet the requirements laid down by case law, in particular Grenier v. Canada (January 30, 2001), Doc. A-474-00 (F.C.A.), Lignum Ltd. v. "Azur" (The) (February 14, 2000), Doc. A-458-98 (F.C.A.) and Baroud v. Canada (M.C.I.) (1998), 160 F.T.R. 91 (T.D.). [6] Accordingly, the motion is dismissed and the application for judicial review is dismissed for delay. "Yvon Pinard" Judge Montréal, Quebec August 27, 2002 Certified true translation S. Debbané, LLB Date: 20020827 Docket: T-1507-01 Montréal, Quebec, August 27, 2002 Present: The Honourable Mr. Justice Pinard BETWEEN: JEAN CLAUDE PASCAL Applicant and ATTORNEY GENERAL OF CANADA Respondent ORDER The applicant's motion appealing the decision of Prothonotary Morneau dated June 19, 2002, is dismissed. As a result, the applicant's application for judicial review is dismissed for delay on the basis of paragraph 382(2)(a) of the Federal Court Rules, 1998. "Yvon Pinard" Judge Certified true translation S. Debbané, LLB FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20020827 Docket: T-1507-01 Between: JEAN CLAUDE PASCAL Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER FEDERAL COURT OF CANADA TRIAL DIVISION SOLICITORS OF RECORD DOCKET: T-1507-01 STYLE OF CAUSE: JEAN CLAUDE PASCAL Applicant and ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: August 26, 2002 REASONS FOR ORDER: THE HONOURABLE MR. JUSTICE PINARD DATE OF REASONS: August 27, 2002 APPEARANCES: Jean Claude Pascal FOR THE APPLICANT (representing himself) Michel Mathieu FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Ottawa, Ontario
Source: decisions.fct-cf.gc.ca