Date: 20001102
Docket: IMM-739-98
BETWEEN:
ISTVAN SZEBENYI Jr.
GIZELLA SZEBENYI
Plaintiffs
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion to reconsider an order of this Court dated September 19, 2000, pursuant to Rule 397 of the Federal Court Rules, 1998.
[2] The plaintiff Istvan Szebenyi Jr. suggests that the Court has based its order on a false information, that is paragraph 6 of the defendant's reply dated September 6, 2000.
[3] The plaintiff suggests that document 3 attached to his notice of motion, demonstrates that there is a valid reason to reconsider the decision of September 19, 2000.
[4] I have carefully reviewed pages 8 and 9 of the document referred to by the plaintiff. I see nothing on these two documents that shows that a notice of appeal of Mr. Justice Gibson's decision denying the plaintiff the right to represent his mother was either filed nor served to the defendant.
[5] To succeed with this motion the plaintiff has to show:
| a) The order does not accord with any reasons given for it; or |
| b) A matter that should have been dealt with has been overlooked or accidentally omitted.1 |
[6] In my opinion, the plaintiff failed to demonstrate that Rule 397 could apply.
[7] For these reasons, this motion to reconsider should be dismissed with costs.
| (Sgd.) "Pierre Blais" |
Judge
November 2, 2000
Vancouver, British Columbia
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| DOCKET: IMM-739-98 |
| STYLE OF CAUSE: Istvan Szebenyi Jr. et al |
v.
HMQ
MOTION DEALT WITH IN WRITING PURSUANT TO RULE 369
REASONS FOR ORDER AND ORDER OF BLAIS, J.
| DATED: November 2, 2000 |
WRITTEN SUBMISSIONS:
Istvan Szebenyi Jr.
| Gizella Szebenyi For the Plaintiffs |
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney
| General of Canada For the Defendant |