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Date: 20041013

Docket: T-1525-04

Citation: 2004 FC 1405

Montréal, Quebec, October 13, 2004

Present:           Richard Morneau, Prothonotary

BETWEEN:

                                                         STEPHANE DOWLING

                                                                                                                                               Plaintiff

and

HER MAJESTY THE QUEEN

                                                                                                                                           Defendant

Written motion by the defendant to strike the plaintiff's statement of claim and dismiss the action.

                                            REASONS FOR ORDER AND ORDER


[1]        The Court entirely concurs with the views stated by the defendant in her written submissions filed in support of her motion record at bar, and so it is clear that conclusions B, C and A of the plaintiff's statement of claim should be struck out pursuant to paragraphs 221(1)(a), (c) and (f) of the Federal Court Rules, 1998. Consequently, the plaintiff's complete statement of claim is struck out and his action dismissed with costs.

"Richard Morneau"

Prothonotary

Certified true translation

Jacques Deschênes, LLB


                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET:                                                                   T-1525-04

STYLE OF CAUSE:                                                   STEPHANE DOWLING

                                                                                                                                               Plaintiff

and

HER MAJESTY THE QUEEN

                                                                                                                                           Defendant

WRITTEN MOTION DECIDED IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES

REASONS FOR ORDER AND ORDER BY: RICHARD MORNEAU, PROTHONOTARY

DATED:                                                                      October 13, 2004

WRITTEN SUBMISSIONS:

Stéphane Dowling                                                          FOR THE PLAINTIFF

Dominique Guimond                                                      FOR THE DEFENDANT

SOLICITORS OF RECORD:

Morris Rosenberg                                                          FOR THE DEFENDANT

Deputy Attorney General of Canada

Montréal, Quebec

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