Date: 20010308
Docket: T-1184-00
Neutral citation: 2001 FCT 170
MONTRÉAL, QUEBEC, MARCH 8, 2001
BEFORE: RICHARD MORNEAU, PROTHONOTARY
Between:
HER MAJESTY THE QUEEN
Plaintiff
- and -
MID-ATLANTIC MINERALS INC.
Defendant
REASONS FOR JUDGMENT AND JUDGMENT
RICHARD MORNEAU, PROTHONOTARY
[1] Against the plaintiff's action on an account the defendant raised as a defence that the regulations on which the action was based are in part illegal and discriminatory. The defendant did not file an application for judicial review to seek recognition of its allegations by the Court. I consider that no rule contained in the Federal Court Rules, 1998 allows a defendant simply to raise such matters in a defence and so avoid the statutory requirements contained in ss. 18 and 18.1 of the Federal Court Act, S.C. 1985, c. F-7.
[2] As a consequence, and also in view of the admissions contained in the defence about various allegations in the statement of claim, the Court must herein:
- allow the plaintiff's action;
- order the defendant to pay the plaintiff the sum of $7,052.36 with interest at the rate prescribed in the Interest and Administration Charges Regulations as of April 2, 1998;
- the whole with costs.
Richard Morneau
Prothonotary
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Federal Court of Canada
Trial Division
Date: 20010308
Docket: T-1184-00
Between:
HER MAJESTY THE QUEEN
Plaintiff
AND
MID-ATLANTIC MINERALS INC.
Defendant
REASONS FOR JUDGMENT AND JUDGMENT
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: T-1184-00
STYLE OF CAUSE: HER MAJESTY THE QUEEN
Plaintiff
AND
MID-ATLANTIC MINERALS INC.
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 6, 2001
REASONS FOR JUDGMENT BY: RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR JUDGMENT: March 8, 2001
APPEARANCES:
Bernard Letarte for the plaintiff
André Braen for the defendant
SOLICITORS OF RECORD:
Morris Rosenberg for the plaintiff
Deputy Attorney General of Canada
Marler & Associés for the defendant
Montréal, Quebec
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