Date: 20030916
Docket: T-721-03
Citation: 2003 FC 1072
Montréal, Quebec, September 16, 2003
Present: Mr. Richard Morneau, prothonotary
BETWEEN:
ÉRIC MILLETTE
Plaintiff
and
THE MINISTER OF NATIONAL REVENUE
and
CANADA CUSTOMS AND REVENUE AGENCY
and
GEORGES CLOUTIER, in his capacity as Director
of the Taxation Services Office, District of Laval,
Canada Customs and Revenue Agency
Defendants
Notice of amended motion by defendant asking the Court to dismiss the plaintiff's action against the three defendants in its entirety with costs, and if necessary, that the defendants' deadline for filing a defence be suspended.
[Rules 8(1), 206, 208(a), (c) and (d), 221(1)(a), (e), (f) and 359 of the Federal Court
Rules, 1998and s. 17 of the Federal Court Act]
REASONS FOR ORDER AND ORDER
[1] In view of the discussions held in Court regarding the motion at bar, the said motion must be allowed in part as follows, without costs, and the following order made.
[2] The three defendants listed by the plaintiff in his statement of claim are struck out and replaced by "Her Majesty the Queen". All pleadings subsequent to this case shall henceforth take this change in the style of cause into account.
[3] At page 28 of the plaintiff's statement of claim, the word [TRANSLATION] "application" in conclusion (k) is replaced by the word [TRANSLATION] "action".
[4] What follows conclusion (1) on page 28 of the statement of claim, and what is contained at page 29 of the statement claim, up to and including conclusion (e) on that page, is struck out.
[5] Despite the limited deletions mentioned above, and in view of the discussions in Court, the defendant still has until October 6, 2003, to determine whether she considers it advisable to ask the Court to strike certain allegations in the plaintiff's statement of claim.
[6] If no such motion is made by the defendant by that time, she shall serve and file her defence or proceed with the examination for discovery of the plaintiff, within a reasonable time to be agreed upon between the parties, or failing agreement between the parties, by a motion to be made by either of them.
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"Richard Morneau"
Prothonotary |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT
Date: 20030916
Docket: T-721-03
Between:
ÉRIC MILLETTE Plaintiff
and THE MINISTER OF NATIONAL REVENUE and CANADA CUSTOMS AND REVENUE AGENCY and GEORGES CLOUTIER, in his capacity as Director of the Taxation Services Office, District of Laval, Canada Customs and Revenue Agency
Defendants
REASONS FOR ORDER AND ORDER
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FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-721-03
STYLE OF CAUSE: ÉRIC MILLETTE
Plaintiff
and
THE MINISTER OF NATIONAL REVENUE
and
CANADA CUSTOMS AND REVENUE AGENCY
and
GEORGES CLOUTIER, in his capacity as Director of the Taxation Services Office, District of Laval, Canada Customs and Revenue Agency
Defendants
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 15, 2003
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: September 16, 2003
APPEARANCES:
Éric Millette for the plaintiff
Guy M. Lamb for the defendants
SOLICITORS OF RECORD:
Morris Rosenberg for the defendants
Deputy Attorney General of Canada