Date: 20010531
Docket: T-2048-00
Neutral citation: 2001 FCT 566
BETWEEN:
MICHEL LAVOIE
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
[1] This is a motion by the defendant asking the Court to require the plaintiff to clarify certain allegations in the plaintiff's statement of claim.
[2] I have examined Martin Lamontagne's notice of motion and affidavit as well as the reply filed by the plaintiff.
[3] Although this is a motion for particulars, counsel for the defendant simply mentioned that certain allegations were vague and imprecise, without saying which ones, and that without further details the defendant would be unable to give an adequate and intelligent response to the allegations contained in the plaintiff's statements of claim.
[4] I also note that the defendant failed in her attempt to have several paragraphs of the statement of claim struck out.
[5] I have examined the plaintiff's statement of claim and it seems to me to be sufficiently detailed at this stage: it will probably be possible to provide support for the evidence later, in examinations or at the hearing.
[6] This motion for particulars is accordingly dismissed with costs.
Pierre Blais Judge |
OTTAWA, ONTARIO
May 31, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT No.: T-2048-00
STYLE OF CAUSE: MICHEL LAVOIE
-and-
HER MAJESTY THE QUEEN
WRITTEN MOTION CONSIDERED WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER AND ORDER BY: BLAIS J.
DATED: May 31, 2001
WRITTEN SUBMISSIONS BY:
Michel Lavoie FOR HIMSELF
Sébastien Gagné FOR THE DEFENDANT
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Ottawa, Ontario