Zarzour v. Canada, docket T-1368-97

     Date:19990106

     Docket: T-1368-97

MONTRÉAL, QUEBEC, THE 6^TH DAY OF JANUARY 1999

Before:      Mr. RICHARD MORNEAU, PROTHONOTARY

Between:

ANTOINE C. ZARZOUR

Plaintiff

AND

HER MAJESTY THE QUEEN

Defendant

     Motion by the defendant to quash the subpoenas issued by this Court on October 13, 1998, addressed to Ms. Diane Bélisle and Mr. Raymond Fortin.

[Rules 4 and 369 of the Federal Court Rules, 1998

and article 281 of the Code of Civil Procedure]

REASONS FOR ORDER AND ORDER

Mr. RICHARD MORNEAU, PROTHONOTARY:

[1]      Having read the written representations of the parties pertaining to this motion by the defendant, I think it is appropriate to dismiss the motion, since in my opinion it is not clear that the presence of Ms. Bélair or Mr. Fortin is not required in order to produce some relevant documents as evidence or to answer some relevant questions. The judge who is called on to hear this matter commencing January 11, 1999 will have to determine the true relevance of the documents to be submitted in evidence or the relevance of the questions that the plaintiff " who is representing himself " intends to put to the persons referred to above.

[2]      It is also unnecessary in the context of this motion by the defendant to consider certain remedies that the plaintiff is seeking on page 10 of his respondent"s motion record.

[3]      The defendant"s motion to quash the subpoenas is therefore dismissed, with costs to follow.

Richard Morneau

Prothonotary

MONTRÉAL, QUEBEC

January 6, 1999

Certified true translation

Bernard Olivier

Federal Court of Canada

Court file no. T-1368-97

Between:

ANTOINE C. ZARZOUR

Plaintiff

AND

HER MAJESTY THE QUEEN

Defendant

REASONS FOR ORDER

AND ORDER

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FEDERAL COURT OF CANADA

NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE NO:T-1368-97

STYLE:ANTOINE C. ZARZOUR

Plaintiff

AND

HER MAJESTY THE QUEEN

Defendant

WRITTEN MOTION EXAMINED IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES

REASONS FOR ORDER OF MR. RICHARD MORNEAU, PROTHONOTARY

DATE OF REASONS FOR ORDER:January 6, 1999

WRITTEN REPRESENTATIONS BY:

Mr. Antoine Zarzour                  for the plaintiff

Mr. Louis Sébastien                  for the defendant

SOLICITOR OF RECORD:

Mr. Morris Rosenberg              for the defendant

Deputy Attorney General of Canada