Millette v. Canada (Minister of National Revenue), 2003 FC 1072

Date: 20030916

Docket: T-721-03

Citation: 2003 FC 1072

Montréal, Quebec, September 16, 2003

Present: Mr. Richard Morneau, prothonotary

BETWEEN:

ÉRIC MILLETTE

Plaintiff

and

THE MINISTER OF NATIONAL REVENUE

and

CANADA CUSTOMS AND REVENUE AGENCY

and

GEORGES CLOUTIER, in his capacity as Director

of the Taxation Services Office, District of Laval,

Canada Customs and Revenue Agency

Defendants

Notice of amended motion by defendant asking the Court to dismiss the plaintiff's action against the three defendants in its entirety with costs, and if necessary, that the defendants' deadline for filing a defence be suspended.

[Rules 8(1), 206, 208(a), (c) and (d), 221(1)(a), (e), (f) and 359 of the Federal Court

                                       Rules, 1998and s. 17 of the Federal Court Act]

REASONS FOR ORDER AND ORDER

[1]        In view of the discussions held in Court regarding the motion at bar, the said motion must be allowed in part as follows, without costs, and the following order made.

[2]        The three defendants listed by the plaintiff in his statement of claim are struck out and replaced by "Her Majesty the Queen". All pleadings subsequent to this case shall henceforth take this change in the style of cause into account.

[3]        At page 28 of the plaintiff's statement of claim, the word [TRANSLATION] "application" in conclusion (k) is replaced by the word [TRANSLATION] "action".

[4]        What follows conclusion (1) on page 28 of the statement of claim, and what is contained at page 29 of the statement claim, up to and including conclusion (e) on that page, is struck out.

[5]        Despite the limited deletions mentioned above, and in view of the discussions in Court, the defendant still has until October 6, 2003, to determine whether she considers it advisable to ask the Court to strike certain allegations in the plaintiff's statement of claim.

[6]        If no such motion is made by the defendant by that time, she shall serve and file her defence or proceed with the examination for discovery of the plaintiff, within a reasonable time to be agreed upon between the parties, or failing agreement between the parties, by a motion to be made by either of them.

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET:                                                                   T-721-03

STYLE OF CAUSE:                                                   ÉRIC MILLETTE

Plaintiff

and

THE MINISTER OF NATIONAL REVENUE

and

CANADA CUSTOMS AND REVENUE AGENCY

and

GEORGES CLOUTIER, in his capacity as Director of the Taxation Services Office, District of Laval, Canada Customs and Revenue Agency

Defendants

PLACE OF HEARING:                                             Montréal, Quebec

DATE OF HEARING:                                               September 15, 2003

REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY

DATED:                                                                      September 16, 2003

APPEARANCES:

Éric Millette                                                                   for the plaintiff

Guy M. Lamb                                                                for the defendants

SOLICITORS OF RECORD:

Morris Rosenberg                                                          for the defendants

Deputy Attorney General of Canada