Date: 20050124
Docket: A-257-04
Citation: 2005 FCA 31
CORAM: RICHARD C.J.
NOËL J.A.
EVANS J.A.
BETWEEN:
JEAN CLAUDE PASCAL
Appellant
(Respondent)
and
ATTORNEY GENERAL OF CANADA
Respondent
(Moving Party)
Motion in writing decided without appearance by the parties.
Order made at Ottawa, Ontario on January 24, 2005.
REASONS FOR ORDER: NOËL J.A.
CONCURRED IN BY: RICHARD C.J.
EVANS J.A.
Date: 20050124
Docket: A-257-04
Citation: 2005 FCA 31
CORAM: RICHARD C.J.
NOËL J.A.
EVANS J.A.
BETWEEN:
JEAN CLAUDE PASCAL
Appellant
(Respondent)
and
ATTORNEY GENERAL OF CANADA
Respondent
(Moving Party)
REASONS FOR ORDER
NOËL J.A.
[1] By a judgment dated July 23, 2004, the Court dismissed the appeal in this case without mentioning costs. Based on section 397 of the Federal Court Rules, which provides for the reconsideration of judgments for error, the Attorney General is asking that costs be awarded in his favour.
[2] After reviewing the record, I note that the notice of motion which led to the dismissal of the appeal did not claim costs. It is only in the documentation submitted in support of the motion that the phrase [TRANSLATION] "with costs" is found. Under Rule 359(b), the relief sought must be set out in the notice of motion. A party which fails to set out the relief sought in its notice of motion should not be surprised when it is not granted.
[3] Further, the motion which led to the dismissal of the appeal was not opposed, which in itself justified the disposition regarding costs.
[4] In these circumstances, there is no basis for varying the judgment rendered. The motion will be dismissed. The appellant, who represented himself, will be entitled to his costs on this motion, which I set at $25.00 to cover his disbursements.
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"Marc Noël"
J.A.
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"I concur.
J. Richard C.J."
"I concur.
John M. Evans, J.A."
Certified true translation
K. Harvey
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-257-04
STYLE OF CAUSE: Jean Claude Pascal v. Attorney General of Canada
MOTION IN WRITING DECIDED WITHOUT APPEARANCE BY THE PARTIES
REASONS FOR ORDER BY: Noël J.A.
CONCURRED IN BY: Richard C.J.
Evans J.A.
DATE OF REASONS: January 24, 2005
WRITTEN SUBMISSIONS BY:
Jean Claude Pascal FOR HIMSELF
Adrian Bieniasiewicz FOR THE RESPONDENT
SOLICITORS OF RECORD:
Jean Claude Pascal FOR HIMSELF
Vaudreuil-Dorion, Quebec
John H. Sims, Q.C. FOR THE RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario
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