Ayangma v. Canada
Court headnote
Ayangma v. Canada Court (s) Database Federal Court Decisions Date 2002-03-14 Neutral citation 2002 FCT 284 File numbers T-195-01 Decision Content Date: 20020314 Docket: T-195-01 Neutral citation: 2002 FCT 284 Montreal, Quebec, March 14, 2002 Present: Richard Morneau, Esq., Prothonotary BETWEEN: DR. NOËL AYANGMA Plaintiff and HER MAJESTY THE QUEEN Defendant Motion by the Defendant for an Order pursuant to Rule 8 of the Federal Court Rules, 1998, varying the Direction of Associate Chief Justice Lutfy, dated January 28, 2002. REASONS FOR ORDER AND ORDER [1] At the request of the Associate Chief Justice, I hereby adjudicate upon the motion at bar. I am of the view that this motion should fail with costs in the cause, and consequently the Direction of the Associate Chief Justice dated January 28, 2002 stands. [2] It must be remembered that as matters stand now, no show cause orders for alleged contempt are in place since Justice MacKay on January 25, 2002 denied the Plaintiff's motion for such relief. For a show cause order to be present, the Federal Court of Appeal would have to grant the Plaintiff's appeal from the decision of Justice MacKay. This outcome is only a possibility for now. In addition, any show cause order would constitute only the first step of the contempt process. Therefore, once the second stage of the contempt process would be reached, the Trial Division of this Court would surely be in a position to avoid that the Crown servants whose personal conduct is in qu…
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Ayangma v. Canada Court (s) Database Federal Court Decisions Date 2002-03-14 Neutral citation 2002 FCT 284 File numbers T-195-01 Decision Content Date: 20020314 Docket: T-195-01 Neutral citation: 2002 FCT 284 Montreal, Quebec, March 14, 2002 Present: Richard Morneau, Esq., Prothonotary BETWEEN: DR. NOËL AYANGMA Plaintiff and HER MAJESTY THE QUEEN Defendant Motion by the Defendant for an Order pursuant to Rule 8 of the Federal Court Rules, 1998, varying the Direction of Associate Chief Justice Lutfy, dated January 28, 2002. REASONS FOR ORDER AND ORDER [1] At the request of the Associate Chief Justice, I hereby adjudicate upon the motion at bar. I am of the view that this motion should fail with costs in the cause, and consequently the Direction of the Associate Chief Justice dated January 28, 2002 stands. [2] It must be remembered that as matters stand now, no show cause orders for alleged contempt are in place since Justice MacKay on January 25, 2002 denied the Plaintiff's motion for such relief. For a show cause order to be present, the Federal Court of Appeal would have to grant the Plaintiff's appeal from the decision of Justice MacKay. This outcome is only a possibility for now. In addition, any show cause order would constitute only the first step of the contempt process. Therefore, once the second stage of the contempt process would be reached, the Trial Division of this Court would surely be in a position to avoid that the Crown servants whose personal conduct is in question see their rights under rule 470(2) to be violated. [3] Furthermore, although some similar facts might have to be reviewed under the summary proceedings and the possible contempt proceedings, these two proceedings call for different principles and different standards of proof. Therefore, I am satisfied under the present circumstances that there is not a serious prospect for inconsistent findings or an abuse of the Court's process to allow the Direction of the Associate Chief Justice to stand. Richard Morneau Prothonotary FEDERAL COURT OF CANADA TRIAL DIVISION Date : 20020314 Docket : T-195-01 BETWEEN: DR. NOËL AYANGMA Plaintiff and HER MAJESTY THE QUEEN Defendant REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION COUNSEL AND SOLICITORS OF RECORD DOCKET: STYLE OF CAUSE: T-195-01 DR. NOËL AYANGMA Plaintiff and HER MAJESTY THE QUEEN Defendant WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ORDER OF:Richard Morneau, Esq., Prothonotary DATED:March 14, 2002 WRITTEN OBSERVATIONS BY: Mr. Noël Ayangma for the Plaintiff Ms. Jessica Pereira for the Defendant SOLICITORS OF RECORD: Mr. Morris Rosenberg Deputy Attorney General of Canada for the Defendant
Source: decisions.fct-cf.gc.ca