Date: 20011203
Docket: T-1883-00
Neutral citation: 2001 FCT 1331
BETWEEN:
RICHARD LAMONTAGNE
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
[1] This is a motion pursuant to Rule 369 of the Federal Court Rules, 1998, made by the plaintiff seeking an order to claim the amount of the action, namely $50,000,000, asking that Hon. Martin Cauchon and Hon. Jean Chrétien proceed in a just manner and also asking the Court to quash any deadline and service and filing of the defendant's motion for summary judgment.
[2] It appeared from the Court record that the prothonotary Richard Morneau made an order concerning the pre-trial conference and conduct of the action, dated August 21, 2001.
[3] Under that order the defendant had until January 11, 2002 to serve and file a motion for summary judgment for all or part of the claim contained in the plaintiff's statement of claim to be dismissed in accordance with para. 2 of the order.
[4] It further appeared from the Court record that the prothonotary Richard Morneau also made an order on October 16, 2001 the purpose of which was to change the plaintiff's motion from a claim for $5,000,000 to a claim for $50,000,000, and this application was granted as there was no objection by the defendant.
[5] I have reviewed the plaintiff's motion and examined his written submissions.
[6] In para. 3 of his order of August 21, 2001 the prothonotary Richard Morneau set out the four points which must be decided when the action is heard, if it ever is.
[7] At the present time the record contains an amended statement of claim, a defence and a reply and at the pre-trial conference the prothonotary made a decision and set a deadline of January 11, 2002 for the defendant to file a motion.
[8] It appears that this deadline has not expired.
[9] At this stage the plaintiff's motion is both premature and groundless, as well as claiming that both the Prime Minister and a Minister of the Crown [TRANSLATION] "proceed in a just manner", which he states at the end of his motion is a means of demanding their resignation.
[10] This Court has no jurisdiction to respond to such a claim, which additionally is not the subject of the action at bar and does not correspond to the questions to be answered as set down by the prothonotary at the pre-trial conference.
[11] It appeared from reading the motion that the plaintiff is seeking immediate judgment from the Court pursuant to Rule 369, which is obviously premature at this stage.
O R D E R
[12] The instant motion is accordingly dismissed with costs.
|
Pierre Blais Judge |
OTTAWA, ONTARIO
December 3, 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-1883-00
STYLE OF CAUSE: Richard Lamontagne and Her Majesty the Queen
WRITTEN MOTION CONSIDERED IN OTTAWA WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER AND ORDER BY: BLAIS J.
DATED: DECEMBER 3, 2001
WRITTEN SUBMISSIONS BY:
Richard Lamontagne FOR THE PLAINTIFF
Nadine Perron FOR THE DEFENDANT
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada