Date: 19980512
Docket: 98-T-20
MONTRÉAL, QUEBEC, THE 12th DAY OF MAY 1998
Present: RICHARD MORNEAU, PROTHONOTARY
Between:
LOUIS DESROCHERS
Moving Party
AND
ATTORNEY GENERAL OF CANADA
Respondent
ORDER
The respondent"s motion is dismissed without costs.
Richard Morneau
Prothonotary
Certified true translation
Peter Douglas
Date: 19980512
Docket: 98-T-20
Between:
LOUIS DESROCHERS
Moving Party
AND
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] In her motion in writing under Rule 324 of the Federal Court Rules, the respondent asks the Court to strike out certain allegations and evidence raised by the moving party in his reply on his motion for an extension of time under subsection 18.1(2) of the Federal Court Act, R.S.C., 1985, c. F-7.
[2] In principle, the respondent is right. It is at the initial stage of submitting a motion that a moving party is required to introduce all the evidence in support of his or her case. In his reply, the moving party in the instant case, who is representing himself, both disputes the respondent"s objection to his application for an extension of time and adds allegations unsupported by the evidence and a supplementary affidavit to his initial position.
[3] Although I understand counsel for the respondent"s frustration with this development, and though he considers the situation unfair, I cannot be satisfied that the end result of the motion for an extension of time would be so prejudicial to the respondent that it would be necessary to intervene as suggested by the respondent. Therefore, considering all the circumstances in the case at bar, I do not intend to grant the various remedial measures sought by the respondent. Incidentally, I am of the view that to strike material from the moving party"s reply memorandum and then allow him to file a new memorandum later on would only complicate matters.
[4] The respondent must accept that the judge hearing the merits of the moving party"s motion for an extension of time will know what to take into account and how to determine the weight to be given to the parties" respective submissions.
[5] This motion will be dismissed without costs.
Richard Morneau
Prothonotary
MONTRÉAL, QUEBEC
May 12, 1998
Certified true translation
Peter Douglas
Federal Court of Canada
Court No. 98-T-20
BETWEEN
LOUIS DESROCHERS
Moving Party
" and "
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.:
STYLE OF CAUSE:
98-T-20
LOUIS DESROCHERS
Moving Party
AND
ATTORNEY GENERAL OF CANADA
Respondent
MOTION IN WRITING CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES
REASONS FOR ORDER BY RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER:May 12, 1998
WRITTEN REPRESENTATIONS BY:
Louis Desrochers for the moving party
Richard Turgeon for the respondent
SOLICITOR OF RECORD:
George Thomson for the respondent
Deputy Attorney General of Canada
Ottawa, Ontario
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