Date: 20011004
Docket: T-611-01
Neutral Citation: 2001 FCT 1092
BETWEEN:
FORTIER 2000 LTÉE
Plaintiff/Applicant
AND
MARCEL MATIÈRE
Defendant/Respondent
AND
MARCEL MATIÈRE
BÉTON PROVINCIAL LTÉE
Plaintiffs by counterclaim
AND
FORTIER 2000 LTÉE
Defendant by counterclaim
REASONS FOR ORDER
NADON J.
[1] The plaintiff's motion to overrule the decision of Prothonotary Richard Morneau of September 5, 2001 will be dismissed.
[2] The Prothonotary refused to order that certain paragraphs in the defendant's statement of defence and counterclaim be struck out and he also refused to order the defendant to provide some particulars concerning its defence.
[3] At the end of the hearing on October 1, 2001, I notified counsel that the motion would be dismissed on the ground that the plaintiff had failed to persuade me that the prothonotary had erred in finding that the motions before him should be dismissed.
[4] In my opinion, in light of the principles laid down by the Federal Court of Appeal in Canada v. Aqua-Gem Investments Ltd., [1993] 2 F.C. 425, I can only conclude that the prothonotary's decision is not clearly wrong and that it is not addressed to any issues that are vital to the final issue of the case.
[5] Even if I do not share the prothonotary's opinion concerning the striking out of certain paragraphs in the defendant's process, this is not sufficient to justify my intervention.
[6] Accordingly, the appeal cannot be allowed. The defendant shall be entitled to its costs.
[7] The plaintiff will have until October 15, 2001 to serve and file its reply and defence to counterclaim.
Marc Nadon
Judge
Montréal, Quebec
October 4, 2001
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20011004
Docket: T-611-01
Between:
FORTIER 2000 LTÉE
Plaintiff/Applicant
AND
MARCEL MATIÈRE
Defendant/Respondent
AND
MARCEL MATIÈRE
BÉTON PROVINCIAL LTÉE
Plaintiffs by counterclaim
AND
FORTIER 2000 LTÉE
Defendant by counterclaim
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET NO: T-611-01
STYLE: FORTIER 2000 LTÉE
Plaintiff/Applicant
AND
MARCEL MATIÈRE
Defendant/Respondent
AND
MARCEL MATIÈRE
BÉTON PROVINCIAL LTÉE
Plaintiffs by counterclaim
AND
FORTIER 2000 LTÉE
Defendant by counterclaim
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 1, 2001
REASONS FOR ORDER OF NADON J.
DATED: October 4, 2001
APPEARANCES:
Pierre Leroux FOR THE PLAINTIFF
Florence Lucas FOR THE DEFENDANT
SOLICITORS OF RECORD:
Brouillette Charpentier Fortin
Montréal, Quebec FOR THE PLAINTIFF
Gowling Lafleur Henderson
Montréal, Quebec FOR THE DEFENDANT