Docket: T-628-10
Citation:
2016 FC 909
Ottawa, Ontario, August 9, 2016
PRESENT: Madam
Prothonotary Mireille Tabib
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BETWEEN:
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ROBERT
REINHARDT
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Applicant
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and
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ATTORNEY
GENERAL OF CANADA
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Respondent
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JUDGMENT AND REASONS
[1]
A Notice of Status Review was issued on June 28,
2016 requiring the Applicant to serve and file written representations as to
why this application should not be dismissed for delay.
[2]
This application, filed in March 2010, has
remained stayed for six years pending the exhaustion of all of the Applicant’s
rights of appeal, revision and judicial review of the original decision. The
last stay expired on May 27, 2016 with the decision of the Federal Court of
Appeal on the Applicant’s judicial review of the decision of the Social Security
Tribunal (Appeal Division).
[3]
The Applicant failed to communicate with the
Respondent for the purpose of filing a joint report to the Court to advise as
to how the application would proceed, could not be reached by the Respondent
for that purpose and failed to communicate with the Court independently. This
prompted the issuance of a Notice of Status Review.
[4]
The Applicant sent a note to the Court, not
copied to the Respondent, stating that neither he nor his sister understood the
Notice of Status Review or knew what to do, that he could not get a lawyer and
that he had no one else to assist him. It appears that the person who
previously assisted the Applicant, Ron Jones, is no longer available to him.
[5]
A self-represented litigant’s inability to
understand the Court process and inability to obtain legal advice cannot
justify an applicant’s failure to move his litigation forward.
[6]
In the circumstances, it is obvious that the
Applicant will be unable to bring this matter to a resolution.
[7]
This application will accordingly be dismissed
for delay.
JUDGMENT
THIS COURT’S JUDGMENT is that:
1.
This application be, and it is, dismissed for
delay.
"Mireille Tabib"
FEDERAL
COURT
SOLICITORS
OF RECORD
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DOCKET:
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T-628-10
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STYLE OF CAUSE:
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ROBERT REINHARDT v ATTORNEY GENERAL OF
CANADA
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MOTION IN
WRITING CONSIDERED AT OTTAWA, ONTARIO, PURSUANT TO RULE 369 OF THE FEDERAL
COURTS RULES.
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JUDGMENT AND REASONS:
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TABIB P.
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DATED:
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August 9, 2016
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WRITTEN REPRESENTATIONS BY:
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Robert Reinhardt
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For
The Applicant
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Husan Junaid
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For
The Respondent
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SOLICITORS OF RECORD:
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Ronald Jones
Amherst, Nova Scotia
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For
The Applicant
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William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
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For
The Respondent
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