Date: 20030918
Docket: T-1055-02
Citation: 2003 FC 1082
Montréal, Quebec, September 18, 2003
Present: MR. RICHARD MORNEAU, PROTHONOTARY
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Plaintiff
and
FRANÇOIS ST-ARNAUD
Defendant
Motion by the defendant for extension of time for the purposes of setting aside the order delivered ex parte on July 21, 2003, by Prothonotary Morneau (rules 204, 369 and 399 of the Federal Court Rules, 1998).
REASONS FOR ORDER AND ORDER
[1] There is no need to deal with the defendant's request that he be relieved of his failure to serve the motion under consideration within the rule 51 time limits since this rule does not apply to rule 399(1)(a). In this case, the defendant need not obtain an extension of time.
[2] As to the tests applicable to this motion to set aside, I would adopt, independently of the issue of the motion's timeliness (the defendant having acted in a timely manner), the test indicated by the plaintiff in paragraph 19 of her written representations, which are included in her record in reply on this motion (the plaintiff's written representations).
[3] As to the delay in filing his statement of defence, notwithstanding the submissions of the defendant, I would adopt the approach and arguments advanced by the plaintiff in paragraphs 24 to 37 of her written representations. As to the defendant's position in relation to paragraph 29 of these written representations, the fact that a request to examine another representative of the plaintiff was referred to only once during the examination of an initial representative of the plaintiff is in my view insufficient to justify the defendant's failure to file a defence. The defendant's position on this point does not refute the essence of paragraph 29 of the plaintiff's written representations, therefore.
[4] As to the existence of a cause of action the defendant in this case makes no allegation in his defence in his motion record. It was only after the plaintiff had noted this fact that the defendant, in his respondent's motion record, indicated that he had one. However, when it comes to any development in this regard, he refers the Court to some correspondence sent to the plaintiff in July 2000.
ORDER
ACCORDINGLY, THE COURT:
- dismisses the motion by the defendant to set aside, without costs.
"Richard Morneau"
Prothonotary
Certified true translation
Suzanne Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
Date: 20030918
Docket: T-1055-02
Between:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Plaintiff
and
FRANÇOIS ST-ARNAUD
Defendant
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
SOLICITORS OF RECORD
DOCKET: T-1055-02
STYLE: HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Plaintiff
and
FRANÇOIS ST-ARNAUD
Defendant
WRITTEN MOTION EXAMINED IN MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES
REASONS FOR ORDER OF MR. RICHARD MORNEAU, PROTHONOTARY
DATED: September 18, 2003
APPEARANCES:
Josée Paquin for the plaintiff
Chantale Lemay for the defendant
SOLICITORS OF RECORD:
Morris Rosenberg for the plaintiff
Deputy Attorney General of Canada
Reinhardt Bérubé Fortin for the defendant
Sainte-Foy, Quebec