Date: 20020314
Docket: T-195-01
Neutral citation: 2002 FCT 284
Montreal, Quebec, March 14, 2002
Present: Richard Morneau, Esq., Prothonotary
BETWEEN:
DR. NOËL AYANGMA
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
Motion by the Defendant for an Order pursuant to Rule 8 of the Federal Court Rules, 1998, varying the Direction of Associate Chief Justice Lutfy, dated January 28, 2002.
REASONS FOR ORDER AND ORDER
[1] At the request of the Associate Chief Justice, I hereby adjudicate upon the motion at bar. I am of the view that this motion should fail with costs in the cause, and consequently the Direction of the Associate Chief Justice dated January 28, 2002 stands.
[2] It must be remembered that as matters stand now, no show cause orders for alleged contempt are in place since Justice MacKay on January 25, 2002 denied the Plaintiff's motion for such relief. For a show cause order to be present, the Federal Court of Appeal would have to grant the Plaintiff's appeal from the decision of Justice MacKay. This outcome is only a possibility for now. In addition, any show cause order would constitute only the first step of the contempt process. Therefore, once the second stage of the contempt process would be reached, the Trial Division of this Court would surely be in a position to avoid that the Crown servants whose personal conduct is in question see their rights under rule 470(2) to be violated.
[3] Furthermore, although some similar facts might have to be reviewed under the summary proceedings and the possible contempt proceedings, these two proceedings call for different principles and different standards of proof. Therefore, I am satisfied under the present circumstances that there is not a serious prospect for inconsistent findings or an abuse of the Court's process to allow the Direction of the Associate Chief Justice to stand.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date : 20020314
Docket : T-195-01
BETWEEN:
DR. NOËL AYANGMA
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
COUNSEL AND SOLICITORS OF RECORD
DOCKET:
STYLE OF CAUSE:
T-195-01
DR. NOËL AYANGMA
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ORDER OF:Richard Morneau, Esq., Prothonotary
DATED:March 14, 2002
WRITTEN OBSERVATIONS BY:
| Mr. Noël Ayangma
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for the Plaintiff
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| Ms. Jessica Pereira
|
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for the Defendant
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| Mr. Morris Rosenberg
Deputy Attorney General of Canada
|
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for the Defendant
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