Date: 20040202
Docket: T-2138-03
Citation: 2004 FC 168
Ottawa, Ontario, this 2nd day of February, 2004
PRESENT: The Honourable Mr. Justice Mosley
BETWEEN:
DR. HUSEN SALEM
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
[1] This is a motion in writing under Rule 369 of the Federal Court Rules, 1998, SOR/98-106 filed on November 27, 2003 on behalf of the defendant by the Attorney General of Canada for an Order, pursuant to section 40 of the Federal Courts Act, R.S.C. 1985, c. F-7, that no further proceedings may be instituted by the plaintiff in this Court and that any proceedings previously instituted by the plaintiff in this Court not be continued, including the action in the present file, except by leave of the Court.
[2] The defendant's grounds for the motion are that the plaintiff has persistently instituted vexatious proceedings. The plaintiff has not directly responded to the defendant's motion or written representations.
[3] The defendant's motion record refers to 35 Court files initiated by the plaintiff since 1991, including 22 launched between September, 2003 and the date of the filing of this motion. Those 35 files are as follows:
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T-2139-91
T-186-95
T-2757-95
T-999-96
T-1850-96
T-2658-96
T-597-98
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T-674-98
T-980-98
T-1513-98
T-1514-98
T-813-03
T-1224-03
T-1672-03
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T-1673-03
T-1746-03
T-1782-03
T-1830-03
T-1831-03
T-1838-03
T-1943-03
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T-1953-03
T-1954-03
T-1955-03
T-1995-03
T-1996-03
T-2045-03
T-2047-03
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T-2097-03
T-2098-03
T-2099-03
T-2105-03
T-2106-03
T-2136-03
T-2138-03
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[4] The first 13 of these actions were dismissed by the Court, on motion by the Attorney General, for disclosing no reasonable cause of action, for being frivolous and vexatious and in one case for being subject to res judicata. Of the 22 actions that remained outstanding at the date of filing this motion, a summary of the grounds for these actions, provided by the defendant,
suggests that they too would be subject to dismissal for similar reasons.
[5] The Court is entitled to take notice of its own records as evidence on the present motion: see Canada v. Olympia Interiors Ltd. (2001), 209 F.T.R. 182. The Registry has received 86 new statements of claim from the plaintiff since the date of the filing of this motion in November 2003.
[6] Review of a randomly selected group of ten of these eighty-six claims discloses no reasonable cause of action, nor any fit subject for the exercise of the jurisdiction of this Court.
[7] I have considered decisions of this Court and the Federal Court of Appeal relating to the application of section 40 of the Federal Courts Act (most recently see: (Nelson v. Canada (Minister of Customs & Revenue Agency), [2002] 2 C.T.C. 79 (F.C.T.D.), aff'd [2003] 3 C.T.C. 80 (F.C.A.) ). In the circumstances I am satisfied that the plaintiff has persistently instituted frivolous and vexatious proceedings and conclude that the Order requested is justified. No costs have been requested by the defendant.
ORDER
THIS COURT ORDERS that:
1) this Motion is granted;
2) the plaintiff Dr. Husen Salem will not be allowed to institute further proceedings in this Court
except by leave of the Court;
3) the Actions instituted by the plaintiff in the Court shall not be continued except by leave of the Court.
"Richard G. Mosley"
F.C.J.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-2138-03
STYLE OF CAUSE: DR. HUSEN SALEM
AND
HER MAJESTY THE QUEEN
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER AND ORDER BY: Mosley, J.
DATED: February 2, 2004
WRITTEN REPRESENTATIONS BY:
SOLICITORS OF RECORD:
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Morris Rosenberg
Deputy Attorney General of Canada
Montreal, Quebec
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FOR THE DEFENDANT
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