Collins v. Canada

Collins v. Canada
Court (s) Database
Federal Court Decisions
Date
2010-06-29
Neutral citation
2010 FC 712
File numbers
T-997-09
Decision Content
Federal Court
Cour fédérale
Date: 20100629
Docket: T-997-09
Citation: 2010 FC 712
Toronto, Ontario, June 29, 2010
PRESENT: The Honourable Mr. Justice O'Reilly
BETWEEN:
R. MAXINE COLLINS
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
[1] The Plaintiff, Ms. Collins, appeals an order of Prothonotary Milczynski dismissing Ms. Collins’ motion for access to the contents of the Court’s file relating to previous proceedings she had instituted. Ms. Collins maintains that Prothonotary Milczynski erred by overlooking the fact that the file does not contain orders in respect of previous motions she had presented and, further, that she has been denied access to a transcript of the proceedings on those motions, which had been heard by Justice Elizabeth Heneghan in November 2009.
[2] At the time Prothonotary Milczynski dealt with Ms. Collins’ motion, a transcript of the proceedings before Justice Heneghan had not yet been prepared. I have reviewed the transcript and, indeed, as Ms. Collins contends, there were two motions before Justice Heneghan the outcome of which was not explicitly reflected in the Court file. However, as is clear from the transcript (see Annex) both motions were dismissed by Justice Heneghan from the bench. Strictly speaking, then, Prothonotary Milczynski was incorrect (through no fault of her own) when she stated that Ms. Collins’ motions had been dealt with in the decision Justice Heneghan issued in March 2010 in respect of a motion of the defendant.
[3] As for the transcript, Ms. Collins now has a copy. While she is concerned about the accuracy of it, I have no evidence before me suggesting that it does not reflect the proceedings before Justice Heneghan.
[4] Accordingly, I will grant Ms. Collins’ appeal in part and return the matter to Prothonotary Milczynski to make such order as she feels appropriate in the circumstances. Given that the appeal was unopposed, there is no order as to costs.
ORDER
THIS COURT ORDERS that:
1. The appeal is granted in part. The matter is referred back to Prothonotary Milczynski.
2. There is no order as to costs.
“James W. O’Reilly”
Judge
ANNEX
[…]
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-997-09
STYLE OF CAUSE: R. MAXINE COLLINS v. HER MAJESTY THE QUEEN
PLACE OF HEARING: Toronto, ON
DATE OF HEARING: June 28, 2010
REASONS FOR ORDER
AND ORDER: O’REILLY J.
DATED: June 29, 2010
APPEARANCES:
R. Maxine Collins
FOR THE APPLICANT
No Representation
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Self-Represented
FOR THE APPLICANT
Myles J. Kirvan
Deputy Attorney General of Canada
FOR THE RESPONDENT