Bruneau v. Canada, 2003 FC 1202

Date: 20031016

Docket: T-1336-03

Citation: 2003 FC 1202

Montréal, Quebec, October 16, 2003

PRESENT: MR. RICHARD MORNEAU, PROTHONOTARY

BETWEEN:

LUC BRUNEAU

Plaintiff

and

HER MAJESTY THE QUEEN

Defendant

Motion by the defendant to strike the statement of claim and amended statement of claim and to dismiss the plaintiff's action.

[Rules 8, 221, 359 and 369 of the Federal Court Rules, 1998]

REASONS FOR ORDER AND ORDER

[1]        After considering the respective written submissions of the two parties, I consider this motion should be allowed without costs and the plaintiff's amended statement of claim accordingly struck out, and that his action should thus be dismissed, on two grounds.

[2]        First, for the same reasons as stated by the defendant, it is quite obvious that this action was prescribed at the time it was filed.

[3]        Second, this action by the plaintiff must be seen as frivolous. The plaintiff essentially argued in his amended statement of claim that a visa officer, Michael S. McCaffrey, made an error in granting a visa to a woman named Zoubida Kachmar, a citizen of Morocco.

[4]        The facts submitted by the plaintiff in his amended statement of claim indicate inter alia that the plaintiff married the woman by proxy.

[5]        The plaintiff sponsored Ms. Kachmar and she applied for and obtained a visa.

[6]        Before Ms. Kachmar arrived in Canada, the plaintiff realized his wife was not acting in good faith.

[7]        The plaintiff accordingly cancelled Ms. Kachmar's air ticket to avoid her coming to Canada.

[8]        Ms. Kachmar finally entered Canada, since she lived with the plaintiff from June 8 to November 9, 1997.

[9]        It is accordingly strange, not to say frivolous, for the plaintiff now to object to the visa officer having given Ms. Kachmar a visa on the ground that she was not acting in good faith, since he lived with her himself for five months after the visa was issued.

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

FILE:                                                                           T-1336-03

STYLE OF CAUSE:                                                   LUC BRUNEAU

Plaintiff

and

HER MAJESTY THE QUEEN

Defendant

WRITTEN MOTION CONSIDERED IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES

REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY

DATED:                                                                      October 16, 2003

WRITTEN SUBMISSIONS:

Luc Bruneau                                                                  for the plaintiff

Marie-Claude Demers                                                   for the defendant

SOLICITORS OF RECORD:

Morris Rosenberg                                                          for the defendant

Deputy Attorney General of Canada