Date: 20030317
Docket:
A-232-02
Neutral
citation: 2003 FCA 141
CORAM: STRAYER J.A.
NADON
J.A.
EVANS
J.A.
BETWEEN:
ARTHUR FROOM
Appellant
-
and -
HER MAJESTY THE QUEEN and
THE MINISTER OF JUSTICE
Respondent
Heard at
Toronto, Ontario, on Monday, March 17, 2003.
Judgment delivered from the Bench at Toronto, Ontario,
on Monday, March 17, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date:
20030317
Docket:
A-232-02
Neutral
citation: 2003 FCA 141
CORAM: STRAYER J.A.
NADON J.A.
EVANS J.A.
BETWEEN:
ARTHUR
FROOM
Appellant
-
and -
HER MAJESTY THE QUEEN and
THE MINISTER OF JUSTICE
Respondent
REASONS
FOR JUDGMENT OF THE COURT
(Delivered
from the Bench at Toronto, Ontario
on
Monday, March 17, 2003.)
EVANS J.A.
[1]
This appeal by Arthur Froom arises from a decision of a Prothonotary to
set a date for the hearing of two motions brought by the respondents, the
defendants in the matter. The motions are to strike the appellant’s statements
of claim and, in the alternative, to seek an extension of time for filing a
defence. The respondents did not seek leave of the Court to bring these motions
when they requested that a date be set.
[2]
We are all of the opinion that the appeal should be dismissed. Gibson J.
made no error in dismissing the appeal: Froom v. The Queen, 2002 FCT
461.
[3]
No right of appeal lies from a direction of the Court: Pellikaan v.
Canada, 2001 FCT 1415. Counsel for Mr. Froom argued that the Prothonotary
had no power to set a date for the hearing of the motion to strike. He
submitted that, because they have failed to file a defence within the time
prescribed by the Federal Court Rules, 1998, and have not obtained an
extension of time, the respondents require leave to file their motion. Whether,
as counsel for Mr. Froom argues, the respondents require leave to file their
motion to strike is a question that can be decided when the motion is heard.
[4]
For these reasons, the appeal will be dismissed with costs payable
forthwith by the appellant in the amount of $1,000.00 inclusive of
disbursements.
“John M.
Evans”
J.A.
FEDERAL COURT
OF CANADA
APPEAL DIVISION
Names of
Counsel and Solicitors of Record
DOCKET: A-232-02
STYLE OF CAUSE: ARTHUR FROOM
Appellant
- and -
HER MAJESTY THE QUEEN and
THE MINISTER OF JUSTICE
Respondent
DATE OF HEARING: MONDAY, MARCH
17, 2003
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE
COURT BY: EVANS J.A.
DATED: MONDAY,
MARCH 17, 2003
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON MARCH 17,
2003.
APPEARANCES BY: Mr.
Lorne Waldman
For the Appellant
Ms. Dale Yurka
For the Respondent
SOLICITORS OF RECORD: Arthur Froom
c/o David
Cousins
425
University Ave
Suite 203
Toronto,
Ontario
M5G 1T6
For the Appellant
Morris Rosenberg
Deputy Attorney General of
Canada
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