Date: 20020618
Docket: T-2185-01
Neutral citation: 2002 FCT 686
EDMONTON, ALBERTA, TUESDAY, THE 18TH DAY OF JUNE, 2002.
Present: THE HONOURABLE MR. JUSTICE ROULEAU
BETWEEN:
H. JOANNE JOHNSON
Plaintiff
- and -
THE ROYAL CANADIAN MOUNTED POLICE (R.C.M.P.)
THE ASSISTANT COMMISSIONER; R.C.M.P. K. DIVISION
(EDMONTON, ALBERTA), W. SWEENY, AND JOHN DOE
Defendants
REASONS FOR ORDER AND ORDER
ROULEAU, J.:
[1] The matter came before me at Edmonton on Tuesday, June 18, 2002.
[2] The Plaintiff requested that because of her lack of ability in complex legal matters that she be represented by a gentleman, Mr. Antonio Dy-Reyes, who is not a member of the bar. I was advised that the same request was submitted to Justice Kelen in February of 2002 at which time she was advised to file a formal motion submitting such a request. None was forth coming.
[3] The matter then turned to the issues: Re plaintiff seeking mandamus, the defendant opposing such a motion until such time as the Court has had an opportunity to determine his motion to strike which would test the validity of the relief claimed by the plaintiff.
[4] The plaintiff, since her last appearance, filed an Amended Statement of Claim.
[5] The Court determined that it should entertain the Defendant's motion to strike before any other issues could be resolved.
ORDER
IT IS HEREBY ORDERED THAT:
[6] The notice of motion on behalf of the Plaintiff, filed the 4th day of January, 2002, pursuant to Rule 371 of the Federal Court Rules, 1998, for an Order for Mandamus, and such further and other relief as this Honourable Court may deem just be adjourned sine die.
[7] The Defendant shall serve and file an Amended Statement of Defence within 10 days of the date of this Order.
[8] The Defendant shall further file its motion record by July 18, 2002, and should be prepared to challenge the original as well as the Amended Statement of Claim.
[9] The Plaintiff shall file her motion record by August 1, 2002. Regardless as to whether or not her reply record contains all material, the Court shall accept all of the documents already in the Court file as part of her motion record in light of her lack of legal training.
[10] The matter of the application by the Defendant to strike this action and seek summary judgment shall proceed peremptorily on August 6, 2002.
"P. Rouleau"
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-2185-01
STYLE OF CAUSE: Joanne Johnson v. The Royal Canadian Mounted Police
et al.
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: 18-JUN-2002
REASONS FOR ORDER AND ORDER: The Honourable Mr. Justice Rouleau
APPEARANCES:
Ms. Joanne Johnson FOR PLAINTIFF
Mr. Bruce Hughson FOR DEFENDANTS
SOLICITORS OF RECORD:
Joanne Johnson
Self Represented FOR PLAINTIFF
Morris Rosenberg FOR DEFENDANTS
Deputy Attorney General of Canada