Johnson v. Canada (Royal Mounted Police)
Court headnote
Johnson v. Canada (Royal Mounted Police) Court (s) Database Federal Court Decisions Date 2002-06-18 Neutral citation 2002 FCT 686 File numbers T-2185-01 Decision Content Date: 20020618 Docket: T-2185-01 Neutral citation: 2002 FCT 686 EDMONTON, ALBERTA, TUESDAY, THE 18TH DAY OF JUNE, 2002. Present: THE HONOURABLE MR. JUSTICE ROULEAU BETWEEN: H. JOANNE JOHNSON Plaintiff - and - THE ROYAL CANADIAN MOUNTED POLICE (R.C.M.P.) THE ASSISTANT COMMISSIONER; R.C.M.P. K. DIVISION (EDMONTON, ALBERTA), W. SWEENY, AND JOHN DOE Defendants REASONS FOR ORDER AND ORDER ROULEAU, J.: [1] The matter came before me at Edmonton on Tuesday, June 18, 2002. [2] The Plaintiff requested that because of her lack of ability in complex legal matters that she be represented by a gentleman, Mr. Antonio Dy-Reyes, who is not a member of the bar. I was advised that the same request was submitted to Justice Kelen in February of 2002 at which time she was advised to file a formal motion submitting such a request. None was forth coming. [3] The matter then turned to the issues: Re plaintiff seeking mandamus, the defendant opposing such a motion until such time as the Court has had an opportunity to determine his motion to strike which would test the validity of the relief claimed by the plaintiff. [4] The plaintiff, since her last appearance, filed an Amended Statement of Claim. [5] The Court determined that it should entertain the Defendant's motion to strike before any other issues could be resolved. ORDER IT IS …
Read full judgment
Johnson v. Canada (Royal Mounted Police) Court (s) Database Federal Court Decisions Date 2002-06-18 Neutral citation 2002 FCT 686 File numbers T-2185-01 Decision Content Date: 20020618 Docket: T-2185-01 Neutral citation: 2002 FCT 686 EDMONTON, ALBERTA, TUESDAY, THE 18TH DAY OF JUNE, 2002. Present: THE HONOURABLE MR. JUSTICE ROULEAU BETWEEN: H. JOANNE JOHNSON Plaintiff - and - THE ROYAL CANADIAN MOUNTED POLICE (R.C.M.P.) THE ASSISTANT COMMISSIONER; R.C.M.P. K. DIVISION (EDMONTON, ALBERTA), W. SWEENY, AND JOHN DOE Defendants REASONS FOR ORDER AND ORDER ROULEAU, J.: [1] The matter came before me at Edmonton on Tuesday, June 18, 2002. [2] The Plaintiff requested that because of her lack of ability in complex legal matters that she be represented by a gentleman, Mr. Antonio Dy-Reyes, who is not a member of the bar. I was advised that the same request was submitted to Justice Kelen in February of 2002 at which time she was advised to file a formal motion submitting such a request. None was forth coming. [3] The matter then turned to the issues: Re plaintiff seeking mandamus, the defendant opposing such a motion until such time as the Court has had an opportunity to determine his motion to strike which would test the validity of the relief claimed by the plaintiff. [4] The plaintiff, since her last appearance, filed an Amended Statement of Claim. [5] The Court determined that it should entertain the Defendant's motion to strike before any other issues could be resolved. ORDER IT IS HEREBY ORDERED THAT: [6] The notice of motion on behalf of the Plaintiff, filed the 4th day of January, 2002, pursuant to Rule 371 of the Federal Court Rules, 1998, for an Order for Mandamus, and such further and other relief as this Honourable Court may deem just be adjourned sine die. [7] The Defendant shall serve and file an Amended Statement of Defence within 10 days of the date of this Order. [8] The Defendant shall further file its motion record by July 18, 2002, and should be prepared to challenge the original as well as the Amended Statement of Claim. [9] The Plaintiff shall file her motion record by August 1, 2002. Regardless as to whether or not her reply record contains all material, the Court shall accept all of the documents already in the Court file as part of her motion record in light of her lack of legal training. [10] The matter of the application by the Defendant to strike this action and seek summary judgment shall proceed peremptorily on August 6, 2002. "P. Rouleau" Judge FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-2185-01 STYLE OF CAUSE: Joanne Johnson v. The Royal Canadian Mounted Police et al. PLACE OF HEARING: Edmonton, Alberta DATE OF HEARING: 18-JUN-2002 REASONS FOR ORDER AND ORDER: The Honourable Mr. Justice Rouleau DATED: 18-JUN-2002 APPEARANCES: Ms. Joanne Johnson FOR PLAINTIFF Mr. Bruce Hughson FOR DEFENDANTS SOLICITORS OF RECORD: Joanne Johnson Self Represented FOR PLAINTIFF Morris Rosenberg FOR DEFENDANTS Deputy Attorney General of Canada
Source: decisions.fct-cf.gc.ca