Chicoine v. Canada, 2003 FC 1267

Date: 20031030

Docket: T-821-03

Citation: 2003 FC 1267

Montréal, Quebec, October 30, 2003

Present: RICHARD MORNEAU, PROTHONOTARY

BETWEEN:

GUY CHICOINE

Plaintiff

and

HER MAJESTY THE QUEEN

IN RIGHT OF CANADA

Defendant

Written motion by the plaintiff for leave to amend his statement of claim and other relief.

REASONS FOR ORDER AND ORDER

[1]         After reviewing the various written submissions of the parties, including the plaintiff's reply (filing of which is hereby authorized) to the respondent's motion record filed by the defendant against the motion at bar, the instant motion by the plaintiff must be dismissed with costs for the following reasons.

[2]        On the plaintiff's request for an amendment, I feel like the defendant that it is Rule 201 of the Federal Court Rules, 1998 ("the Rules") which governs this application, not Rule 179, or indeed Rules 75 or 76 cited by the plaintiff. Rule 201 deals particularly with the filing of an amendment, which Rule 179 does not cover.

[3]        As to the application of Rule 201 in the case at bar, it is clear that the new cause of action which the plaintiff is seeking to introduce by his application for an amendment is not in any way based on the same facts as those cited in his statement of claim, as it stands at present. Accordingly, there is no basis for allowing these two causes of action based on different facts to be moved to this Court within the existing framework of the action already in the record.

[4]        Consequently, the conclusion [translation] "Add facts subsequent to the initial statement of claim" clearly cannot be authorized.

[5]        Additionally, for the reasons stated by the defendant in paragraphs 47 to 60 of her respondent's motion record filed against the motion at bar, the conclusion [translation] "Make an order against the defendant to ensure that the harassment will stop" cannot be allowed.

"Richard Morneau"

Prothonotary

Certified true translation

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

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET:                                                                   T-821-03

STYLE OF CAUSE:                                                   GUY CHICOINE

Plaintiff

and

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

Defendant

WRITTEN MOTION HEARD IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES

REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY

DATED:                                                                      October 30, 2003

WRITTEN SUBMISSIONS:

Guy Chicoine                                                                 for the plaintiff

Sébastien Gagné                                                            for the defendant

SOLICITORS OF RECORD:

Morris Rosenberg                                                          for the defendant

Deputy Attorney General of Canada