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Date: 20040209

Docket: T-1890-02

Citation: 2004 FC 208

Ottawa, Ontario, the 9th day of February 2004

Present: The Honourable Mr. Justice Simon Noël

BETWEEN:

MICHEL LALIBERTÉ

CORRECTIONS OFFICER

Applicant

and

HER MAJESTY THE QUEEN

Respondent

REASONS FOR ORDER AND ORDER

[1]        This is a motion by the applicant appealing an order by Prothonotary Morneau dated December 16, 2003, made pursuant to Rule 369 of the Federal Court Rules, 1998 (the Rules).

[2]        The applicant represented himself and in his motion maintained that Prothonotary Morneau:

-           should have remained impartial, thus insinuating that he was not;


-           made a value judgment on the applicant's intentions when he wrote that the application to amend was a [translation] "disguised attempt to . . ."

and he added with respect to the respondent, the Attorney General of Canada:

-           [translation] "the Attorney General of Canada tried to manipulate the Court by his subversive remarks".

[3]        The applicant's statements regarding the prothonotary and the Attorney General of Canada are serious and could damage their reputations.

[4]        Additionally, I find that the statements are contained in the motion but are not supported by an affidavit as required in Rule 363.

[5]        The motion is vitiated prima facie, as there is no affidavit providing evidence of the applicant's statements. Accordingly, it is inadmissible and should be dismissed for this reason alone.

[6]        Having said that, I note that the applicant by his motion of December 4, 2003, wished to amend his statement of claim to include Charter provisions, without specifying the amendments to be made.


[7]        In his order dated December 16, 2003, Prothonotary Morneau dismissed the application to amend for vagueness, but further noted that it was an indirect means of reopening another of his orders (dated October 6, 2003) which disposed of the application. The applicant appealed the order of October 6, 2003 and, in a judgment dated November 4, 2003, Lemieux J. dismissed the appeal, concluding that the matter was res judicata.

[8]        Having reviewed the memorandums of the parties and the documents in support thereof, and in particular the judgment of my colleague Lemieux J., I can only come to the same conclusion, namely that the motion is an indirect means of reopening matters discussed at the pre-trial conference and that the application to amend is vague and unspecific. The applicant has once again raised the same question which was already decided by my colleague in the instant motion on appeal: the matter is therefore res judicata.

ORDER

THE COURT ORDERS THAT:

The motion on appeal from the decision of Prothonotary Morneau dated December 16, 2003 is dismissed with costs.

                                                                                                                                       "Simon Noël"               

                                                                                                                                                   Judge                      

Certified true translation

Suzanne M. Gauthier, C Tr, LLL


                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET:                                                                   T-1890-02

STYLE OF CAUSE:                                                   MICHEL LALIBERTÉ v. HER MAJESTY THE QUEEN

WRITTEN MOTION CONSIDERED WITHOUT APPEARANCE BY PARTIES

REASONS FOR ORDER AND ORDER BY:         THE HONOURABLE MR. JUSTICE S. NOËL

DATED:                                                                      FEBRUARY 9, 2004

WRITTEN SUBMISSIONS BY:

MICHEL LALIBERTÉ                                                 THE APPLICANT FOR HIMSELF

MARC RIBIERO                                                         FOR THE RESPONDENT

SOLICITORS OF RECORD:

MICHEL LALIBERTÉ                                                 THE APPLICANT FOR HIMSELF

1390 Degenève

Drummondville, Quebec

MORRIS ROSENBERG                                              FOR THE RESPONDENT

Deputy Attorney General of Canada

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