Date: 19980312
Docket: T-2796-97
MONTREAL, QUEBEC, THIS 12th DAY OF MARCH 1998
PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY
BETWEEN:
ALLAN JOSEPH LÉGÈRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
ORDER AND REASONS FOR ORDER
RICHARD MORNEAU, ESQ., PROTHONOTARY
[1] The Plaintiff's request for an oral hearing of the Defendant's motion to strike his statement of claim is denied since I am of the view that the Plaintiff has not advanced any sufficient reasons to convince me that the said motion cannot adequately be dealt with in writing.
[2] Having said that, I have come to the conclusion that the sole remedy sought by the Plaintiff in his statement of claim filed on December 24, 1997 is an order in the nature of a mandatory injunction enjoining the Defendant to transfer him to a regular maximum security institution such as the Port-Cartier Institution.
[3] In accordance with subsections 18(3) and 18.1(3) of the Federal Court Act, this particular remedy should have been sought by way of an application for judicial review of the latest relevant decision of the National Review Committee to keep the Plaintiff at the Special Handling Unit.
[4] Therefore, it is plain and obvious that the Plaintiff's statement of claim discloses no reasonable cause of action within the meaning of paragraph 419(1)(a) of the Federal Court Rules (the rules).
[5] This conclusion is applicable to the Plaintiff's statement of claim in its entirety and, therefore, it is appropriate to deny the Plaintiff's requests for a partial strike out of his statement of claim or for a right to file an amended statement of claim.
[6] The Plaintiff's further alternative request for an extension of time to file an application for judicial review of the decision of the National Review Committee cannot be considered here since I do not have the authority under subsection 18.1(2) of the Act to grant such an extension of time. However, this order does not prevent per se the Plaintiff to apply to a judge of this Court for an extension of time if he considers fit to do so.
[7] Considering that in a previous similar situation (File T-2072-94), the Plaintiff was ordered by this Court to proceed with a judicial review application instead of an action, the Plaintiff's present action is to be considered vexatious and an abuse of the process of this Court within the meaning of paragraph 419(c) and (f).
[8] THEREFORE, THIS COURT ORDERS that the Plaintiff's statement of claim is struck under paragraphs 419(1)(a), (c) and (f), the whole with costs.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF CAUSE:
T-2796-97
ALLAN JOSEPH LÉGÈRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES
ORDER AND REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY
DATE OF ORDER AND REASONS FOR ORDER:March 12, 1998
WRITTEN OBSERVATIONS:
Mr. Gérald Danis for the Plaintiff
Mr. Éric Lafrenière for the Defendant
SOLICITORS OF RECORD:
Mr. Gérald Danis for the Plaintiff
Bourgeois & Danis
Lorraine, Quebec
Mr. George Thomson for the Defendant
Deputy Attorney General of Canada
Ottawa, Ontario
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