Archambault
T.C.J.:
This
appeal
under
the
general
procedure
rules
was
peremptorily
set
down
for
hearing
on
Wednesday,
July
23,
1997,
at
9:30
a.m.
pursuant
to
an
order
made
by
Judge
Dussault
of
this
Court
on
December
9,
1996.
When
the
hearing
began,
neither
the
appellant
nor
her
counsel
was
present.
At
the
Court’s
request,
the
Registrar
phoned
Claude
Auger
of
Martineau,
Walker
to
determine
whether
his
client
was
going
to
appear
in
Court.
The
Registrar
managed
to
reach
Mr.
Auger’s
secretary,
who
asked
Mr.
Auger
and
then
told
the
Registrar
that
the
Court
should
proceed
ex
parte
in
this
case.
At
the
hearing,
counsel
for
the
Minister
informed
the
Court
that
she
had
been
in
touch
with
Mr.
Auger
a
few
days
before
the
hearing
of
this
appeal
and
that
he
had
never
told
her
that
neither
he
nor
his
client
would
attend
the
hearing.
She
therefore
moved
that
the
appeal
be
dismissed
with
costs.
The
Court
considers
Mr.
Auger’s
conduct
totally
unacceptable.
He
failed
in
his
duty
to
the
Court
by
not
appearing
at
the
scheduled
time
and
place
as
he
was
required
to
do
by
Judge
Dussault’s
order.
Maria
Saad
had
appeared
for
Mr.
Auger
at
the
status
hearing
on
November
27,
1996.
Mr.
Auger’s
conduct
is
all
the
more
unacceptable
given
that
he
works
for
one
of
the
major
law
firms
in
Montréal.
He
wasted
the
time
not
only
of
counsel
for
the
Minister,
who
had
to
prepare
her
case
and
appear
in
Court,
but
also
of
the
Minister’s
witness
and
the
Court
staff.
I
find
it
unfortunate
that
the
Rules
of
the
Court
do
not
authorize
the
Court
to
order
a
party
to
pay
a
portion
of
the
Court
staffs
costs
and
that
Canadian
taxpayers
are
the
ones
who
have
to
bear
the
consequences
of
Mr.
Auger’s
negligent
conduct.
For
these
reasons,
Ms.
Anctil’s
appeal
is
dismissed,
with
costs,
and
the
Court
orders
Claude
Auger
to
pay
the
respondent
an
additional
$250.
These
additional
costs
shall
not
be
borne
by
his
client.
Appeal
dismissed.
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