Date: 20031016
Docket: T-1336-03
Citation: 2003 FC 1202
Montréal, Quebec, October 16, 2003
PRESENT: MR. RICHARD MORNEAU, PROTHONOTARY
BETWEEN:
LUC BRUNEAU
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
Motion by the defendant to strike the statement of claim and amended statement of claim and to dismiss the plaintiff's action.
[Rules 8, 221, 359 and 369 of the Federal Court Rules, 1998]
REASONS FOR ORDER AND ORDER
[1] After considering the respective written submissions of the two parties, I consider this motion should be allowed without costs and the plaintiff's amended statement of claim accordingly struck out, and that his action should thus be dismissed, on two grounds.
[2] First, for the same reasons as stated by the defendant, it is quite obvious that this action was prescribed at the time it was filed.
[3] Second, this action by the plaintiff must be seen as frivolous. The plaintiff essentially argued in his amended statement of claim that a visa officer, Michael S. McCaffrey, made an error in granting a visa to a woman named Zoubida Kachmar, a citizen of Morocco.
[4] The facts submitted by the plaintiff in his amended statement of claim indicate inter alia that the plaintiff married the woman by proxy.
[5] The plaintiff sponsored Ms. Kachmar and she applied for and obtained a visa.
[6] Before Ms. Kachmar arrived in Canada, the plaintiff realized his wife was not acting in good faith.
[7] The plaintiff accordingly cancelled Ms. Kachmar's air ticket to avoid her coming to Canada.
[8] Ms. Kachmar finally entered Canada, since she lived with the plaintiff from June 8 to November 9, 1997.
[9] It is accordingly strange, not to say frivolous, for the plaintiff now to object to the visa officer having given Ms. Kachmar a visa on the ground that she was not acting in good faith, since he lived with her himself for five months after the visa was issued.
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"Richard Morneau"
Prothonotary |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT
SOLICITORS OF RECORD
FILE: T-1336-03
STYLE OF CAUSE: LUC BRUNEAU
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
WRITTEN MOTION CONSIDERED IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: October 16, 2003
WRITTEN SUBMISSIONS:
Luc Bruneau for the plaintiff
Marie-Claude Demers for the defendant
SOLICITORS OF RECORD:
Morris Rosenberg for the defendant
Deputy Attorney General of Canada