Date: 20001102
Docket: IMM-739-98
BETWEEN:
ISTVAN SZEBENYI Jr.
GIZELLA SZEBENYI
Plaintiffs
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion to reconsider an order of this Court dated September 19, 2000, pursuant to Rule 397 of the Federal Court Rules, 1998.
[2] The plaintiff Istvan Szebenyi Jr. suggests that the Court has based its order on a false information, that is paragraph 6 of the defendant's reply dated September 6, 2000.
[3] The plaintiff suggests that document 3 attached to his notice of motion, demonstrates that there is a valid reason to reconsider the decision of September 19, 2000.
[4] I have carefully reviewed pages 8 and 9 of the document referred to by the plaintiff. I see nothing on these two documents that shows that a notice of appeal of Mr. Justice Gibson's decision denying the plaintiff the right to represent his mother was either filed nor served to the defendant.
[5] To succeed with this motion the plaintiff has to show:
| a) The order does not accord with any reasons given for it; or |
| b) A matter that should have been dealt with has been overlooked or accidentally omitted.1 |
[6] In my opinion, the plaintiff failed to demonstrate that Rule 397 could apply.
[7] For these reasons, this motion to reconsider should be dismissed with costs.
Judge
November 2, 2000
Vancouver, British Columbia
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| STYLE OF CAUSE: Istvan Szebenyi Jr. et al |
v.
HMQ
MOTION DEALT WITH IN WRITING PURSUANT TO RULE 369
REASONS FOR ORDER AND ORDER OF BLAIS, J.
WRITTEN SUBMISSIONS:
Istvan Szebenyi Jr.
| Gizella Szebenyi For the Plaintiffs |
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney
| General of Canada For the Defendant |
__________________
1 Rule 397(1)(a), (b), Federal Court Rules, 1998.
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