Date: 20031120
Docket: A-52-03
Citation: 2003 FCA 440
CORAM: RICHARD C.J.
BETWEEN:
ERIC SCHEUNEMAN
Appellant
and
HER MAJESTY THE QUEEN
(Human Resources Development Canada)
Respondent
Heard at Ottawa, Ontario, on November 19, 2003.
Judgment delivered from the Bench at Ottawa, Ontario, on November 19, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20031120
Docket: A-52-03
Citation: 2003 FCA 440
CORAM: RICHARD C.J.
BETWEEN:
ERIC SCHEUNEMAN
Appellant
and
HER MAJESTY THE QUEEN
(Human Resources Development Canada)
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on November 19, 2003)
[1] This is an appeal by Eric Scheuneman from an interlocutory order of Hugessen J., dated January 16, 2003, requiring Mr. Scheuneman to appoint a solicitor on or before March 3, 2003 to represent him in an action before the Federal Court in T-564-02. When Mr. Scheuneman failed to comply, Hugessen J. dismissed the action on June 26, 2003, for want of prosecution. Mr. Scheuneman has not appealed this order.
[2] In view of Hugessen J.'s dismissal of Mr. Scheuneman's action, the Crown has moved to have the present appeal by Mr. Scheuneman dismissed on the ground of mootness. This motion will be granted and the appeal dismissed: the underlying cause of action has disappeared and the issues raised in the appeal are specific to the facts of this case.
"John M. Evans"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-52-03
APPEAL FROM AN ORDER OF THE FEDERAL COURT OF CANADA DATED JANUARY 16, 2003, FEDERAL COURT OF CANADA FILE NO. T-564-02
STYLE OF CAUSE: ERIC SCHEUNEMAN v. HER MAJESTY THE QUEEN (Human Resources Development Canada)
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: November 19, 2003
REASONS FOR JUDGMENT OF THE COURT (Richard, C.J., Evans, Pelletier JJ.A.)
RENDERED FROM THE BENCH BY: Evans, J.A.
APPEARANCES:
Mr. Eric Scheuneman Appellant on his own behalf
Ms. Marie Crowley for the Respondent
SOLICITORS OF RECORD:
Mr. Eric Scheuneman Appellant on his own behalf
Maberly, Ontario
Mr. Morris Rosenberg for the Respondent
Deputy Attorney General of Canada