Deigan v. Canada (Attorney General), 2001 FCA 246

Date: 20010731

Docket: A-240-01

Neutral citation: 2001 FCA 246

OTTAWA, ONTARIO, TUESDAY, THIS 31ST DAY OF JULY, 2001

PRESENT:             THE HONOURABLE MR. JUSTICE ISAAC

BETWEEN:

     RUSSELL DEIGAN

   Appellant

        - and -

ATTORNEY GENERAL OF CANADA

     (Industry Canada)

Respondent

         ORDER AND REASONS FOR ORDER

1.                   These are respectively a motion by the appellant to have the Court determine the contents of the appeal book and a motion by the appellant to add to the contents of the appeal case. In the latter motion, the appellant seeks, as well, leave to file a memorandum of fact and law not exceeding 45 pages in length and an order that the time limit for filing the appeal book and memorandum of fact and law does not begin to run until this second motion has been disposed of.

2.                   In so far as the appellant seeks leave to file a memorandum of fact and law containing pages in excess of the number prescribed by Rule 70(4) of the Federal Court Rules, 1998, I am not inclined to allow 45 pages. However, given the fact that the appellant is self-represented, leave is granted to allow the appellant to serve and file a memorandum of fact and law not exceeding 35 pages. Much of the background materials that the appellant wishes the Court to consider are, in my opinion, irrelevant to the issues of the appeal.

3.                   The time limit for filing the appeal books and memorandum of fact and law will run from the date in which this order is communicated to the parties.

4.                   The appellant's affidavit may not form part of the appeal case and the motion to include it as part of the case on appeal is dismissed.

5.                   The respondent not objecting to their inclusion, the reasons for order of Strayer J.A. may be included as part of the appeal case, together with the letter of the respondent's counsel to the appellant, dated 14 March, 2001.

6.                   In preparing the appeal books, the appellant shall comply with Rule 343 of the Federal Court Rules, 1998. In addition to the materials mentioned in that Rule and the materials for which leave is granted to add to the appeal case, the contents of the appeal books shall be as listed in paragraphs 11(i) - (viii) and 13(i) - (viii) of the respondent's motion record in the first appendix, and shall include a copy of this order.

7.                   The cost of these motions shall be costs in the appeal.

           "Julius A. Isaac"

                                                                 _______________________________

         J.A.