Date: 20031104
Docket: T-1890-02
Citation: 2003 FC 1282
Ottawa, Ontario, November 4, 2003
Present: The Honourable Mr. Justice François Lemieux
BETWEEN:
MICHEL LALIBERTE
CORRECTION OFFICER
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
[1] In this action by motion filed pursuant to section 369 of the Federal Court Rules, 1998 ("the Rules"), the plaintiff is appealing the decision by Prothonotary Morneau on October 6, 2003.
[2] In that decision Prothonotary Morneau dismissed the plaintiff's motion on August 26, 2003, on the ground stated by the defendant-respondent, who had submitted that the applicant's motion dated August 26, 2003, was an attempt [TRANSLATION] "indirectly to reopen questions discussed at the [pre-trial] conference and disposed of in the prothonotary's order [of August 22, 2003]".
[3] The prothonotary's order of August 22, 2003, indicated the result of the pre-trial conference, established the points to be decided at the hearing and set out the future procedure for conduct of the action.
[4] The plaintiff, who represented himself, maintained that he filed his motion of August 26, 2003, at the invitation of the prothonotary himself during the pre-trial conference that took place on August 19, 2003.
[5] It would appear that during that pre-trial conference the plaintiff sought compliance with Rule 257 and was considering the possibility of relying on the Charter of Rights and Freedoms.
[6] I have carefully read the plaintiff's motion filed on August 26, 2003. That motion did not seek and did not formulate any order which the prothonotary should make.
[7] In these circumstances, the prothonotary and the defendant correctly interpreted his notice of motion filed on August 26, 2003, as an indirect means of re-opening the questions decided at the pre-trial conference and disposed of by the prothonotary's order.
ORDER
This appeal from the decision by Prothonotary Morneau on October 6, 2003, is dismissed with costs.
|
|
"François Lemieux" |
|
|
Judge |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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: LEMIEUX J.
DATE OF REASONS: NOVEMBER 4, 2003
WRITTEN SUBMISSIONS BY:
MICHEL LALIBERTÉ THE PLAINTIFF FOR HIMSELF
MARC RIBEIRO FOR THE DEFENDANT
SOLICITORS OF RECORD:
MICHEL LALIBERTÉ THE PLAINTIFF FOR HIMSELF
Drummondville, Quebec
MORRIS ROSENBERG FOR THE DEFENDANT
Deputy Attorney General of Canada