Date: 20011023
Docket: T-1810-99
Neutral Citation: 2001 FCT 1147
BETWEEN:
GABRIEL AZOUZ
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY
[1] IN VIEW OF THE FACT that the presentation of the defendant's motion to strike out the plaintiff's statement of claim was focussed on the meaning of the judgment rendered by the Trial Division of this Court in Devinat v. Canada (Immigration and Refugee Board), [1998] 3 F.C. 590;
[2] IN VIEW OF THE FACT that the defendant learned after the hearing of this motion that this judgment had been appealed and that the Federal Court of Appeal rendered judgment on November 29, 1999 ([2000] 2 F.C. 212]), which, according to the defendant's own counsel, "significantly attenuates the meaning of the judgment of the Honourable Mr. Justice Nadon";
[3] IN VIEW OF THE FACT that a motion to strike can only be allowed where it is clear and obvious that it has merit (Sweet et al. v. Canada (1999), 249 N.R. 17, pages 23-24);
[4] IN VIEW OF THE FACT that it is hard to conclude that such is the case in this instance given the qualification made by counsel for the defendant and the fact that the parties could not have an opportunity to argue the meaning of the Federal Court of Appeal decision;
[5] IT IS APPROPRIATE HEREIN TO ORDER AS FOLLOWS:
- The defendant's motion to strike out the plaintiff's statement of claim is dismissed, costs to follow, the whole subject to the defendant's right to re-appeal;
- The present reasons for order and order are applicable mutatis mutandis to docket T-1809-99.
Richard Morneau
Prothonotary
Montréal, Quebec
October 23, 2001
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20011023
Docket: T-1810-99
Between:
GABRIEL AZOUZ
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET NO: T-1810-99
STYLE:
GABRIEL AZOUZ
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 22, 2001
REASONS FOR ORDER AND ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATED: October 23, 2001
APPEARANCES:
Denis A. Lapierre FOR THE PLAINTIFF
Pierre Lamothe FOR THE DEFENDANT
SOLICITORS OF RECORD:
SWEIBEL NOVEK FOR THE PLAINTIFF
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Montréal, Quebec