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Federal Court of Appeal· 2003

Robertson v. Canada

2003 FCA 260
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Robertson v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2003-06-09 Neutral citation 2003 FCA 260 File numbers A-78-03 Decision Content Date: 20030609 Docket: A-78-03 Citation: 2003 FCA 260 Present: THE HONOURABLE MR. JUSTICE NADON BETWEEN: R.R. ROBERTSON Applicant and HER MAJESTY THE QUEEN Respondent Motion dealt with in writing without appearance of parties Order delivered at Ottawa, Ontario, on June 9, 2003 REASONS FOR ORDER BY: NADON J.A. Date: 20030609 Docket: A-78-03 Citation: 2003 FCA 260 Present: THE HONOURABLE MR. JUSTICE NADON BETWEEN: R.R. ROBERTSON Applicant and HER MAJESTY THE QUEEN Respondent REASONS FOR ORDER [1] The applicant seeks an order appointing a prothonotary, pursuant to Rule 381(3)(c), to assist in the management of the proceedings. The applicant also seeks a stay of proceedings, pursuant to Rule 390, for a period not exceeding six months. [2] In my view, the motion cannot be granted on the basis sought, since a stay of proceedings, pursuant to Rule 390, can only be granted by a case management judge or a prothonotary assigned under Rule 383(c). [3] However, in view of the respondent's consent and the reasons for which the stay is sought, I will, exercising my powers under section 50(b) of the Federal Court Act, stay the proceedings until December 1, 2003. "M. Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-78-03 STYLE OF CAUSE: R.R. Robertson v. The Queen MOTION DEALT WITH IN WRITING WITHOU…

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Robertson v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2003-06-09
Neutral citation
2003 FCA 260
File numbers
A-78-03
Decision Content
Date: 20030609
Docket: A-78-03
Citation: 2003 FCA 260
Present: THE HONOURABLE MR. JUSTICE NADON
BETWEEN:
R.R. ROBERTSON
Applicant
and
HER MAJESTY THE QUEEN
Respondent
Motion dealt with in writing without appearance of parties
Order delivered at Ottawa, Ontario, on June 9, 2003
REASONS FOR ORDER BY: NADON J.A.
Date: 20030609
Docket: A-78-03
Citation: 2003 FCA 260
Present: THE HONOURABLE MR. JUSTICE NADON
BETWEEN:
R.R. ROBERTSON
Applicant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR ORDER
[1] The applicant seeks an order appointing a prothonotary, pursuant to Rule 381(3)(c), to assist in the management of the proceedings. The applicant also seeks a stay of proceedings, pursuant to Rule 390, for a period not exceeding six months.
[2] In my view, the motion cannot be granted on the basis sought, since a stay of proceedings, pursuant to Rule 390, can only be granted by a case management judge or a prothonotary assigned under Rule 383(c).
[3] However, in view of the respondent's consent and the reasons for which the stay is sought, I will, exercising my powers under section 50(b) of the Federal Court Act, stay the proceedings until December 1, 2003.
"M. Nadon"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-78-03
STYLE OF CAUSE: R.R. Robertson v. The Queen
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER
AND ORDER BY: NADON J.A.
DATED: June 10, 2003
WRITTEN SUBMISSIONS BY:
BARBARA M. SHIELDS FOR THE APPLICANT
ANGELA EVANS FOR THE RESPONDENT
SOLICITORS OF RECORD:
BARBARA M. SHIELDS FOR THE APPLICANT
Aikins, MacAulay & Thorvaldson
Winnipeg, Manitoba
MORRIS ROSENBERG FOR THE RESPONDENT
Attorney General of Canada

Source: decisions.fca-caf.gc.ca

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