Date: 20010320
Docket: T-2769-96
Neutral Citation: 2001 FCT 203
MONTREAL, QUEBEC, THIS 20th DAY OF MARCH 2001
PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY
BETWEEN:
LARRY PACE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
Motion on behalf of Defendant for permission to amend its Statement of Defence.
RICHARD MORNEAU, ESQ., PROTHONOTARY
[1] Upon considering the written representations filed by the parties in relation to the motion at bar;
[2] The defence pursuant to section 32(1) of the Criminal Code arises out of the facts
already pleaded in the Statement of Claim and the Statement of Defence. The Defendant has already pleaded a similar defence of justified use of force pursuant to the Corrections and Conditional Release Act. The proposed amendment does not allege any new facts of which the Plaintiff or his counsel are not aware. The amendments sought by the Defendant do not materially alter the nature of the Statement of Defence which has been presented by the Defendant since the beginning of this matter. I am satisfied that the Plaintiff will suffer no prejudice by allowing the proposed amendments.
[3] Therefore, the Defendant's motion is granted with costs to the Defendant. The Amended Statement of Defence shall be served and filed within ten (10) days of the date of this Order.
[4] As to the Plaintiff's request for further discovery, I am satisfied that Plaintiff's counsel has already discovered the Crown's representative on the same facts and circumstances giving rise to the proposed amendments. Therefore, the Plaintiff's request in this regard is denied.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF CAUSE:
T-2769-96
LARRY PACE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ORDER BY:Richard Morneau, Esq., Prothonotary
DATE OF REASONS FOR ORDER:March 20, 2001
WRITTEN OBSERVATIONS BY:
Mr. Mark T. Knox |
for the Plaintiff |
|
Mr. David A. Graves |
for the Defendant |
|
SOLICITORS OF RECORD:
Garson, Knox & MacDonald Halifax, Nova Scotia |
for the Plaintiff |
|
McInnes Cooper Halifax, Nova Scotia |
for the Defendant |