Date: 20010419
Docket: T-1738-98
Neutral reference: 2001 FCT 363
BETWEEN:
RICHARD QUENNEVILLE
Plaintiff
- and -
CORRECTIONAL SERVICE CANADA
C/O ATTORNEY GENERAL OF CANADA and
PORT-CARTIER DETENTION CENTRE
Defendants
[1] This is a motion to authorize postponement of proof and hearing set down for Monday, April 23, 2001 at Ottawa, Ontario.
[2] The plaintiff filed a motion to postpone as he was unable to obtain a expert report from the psychologist Nancy R. Turcotte within the deadline laid down in the Federal Court Rules (1998).
[3] The hearing of the motion was arranged by telephone for Tuesday, April 17, 2001 and the Court agreed to a postponement to the following day, April 18, 2001, to allow counsel for the plaintiff to obtain affidavits in support of her motion.
[4] The Court approved a further postponement to today's date, April 19, 2001, once again to allow affidavits to be obtained supporting the motion, in particular an affidavit from the psychologist Nancy R. Turcotte.
[5] Counsel for the plaintiff was unable to obtain an affidavit from the psychologist indicating the reasons why she was unable to file an expert report.
[6] The only evidence in the record on this report is that the plaintiff himself asked Nancy R. Turcotte to prepare a psycho-legal report relating to the facts of the case at bar over a year and a half ago: he does not exactly recall the date.
[7] It appeared that counsel for the plaintiff did not check to see whether this report was in preparation or could be filed within the legal time limits, when she reserved the right to file an expert opinion at the pre-trial teleconference held on May 24, 2000, nearly eleven months ago.
[8] The Federal Court Rules, and in particular the provisions of Rule 279, are quite clear about the testimony given by an expert witness.
[9] In my opinion, the plaintiff did not take the necessary steps to ensure both the presence of his expert witness and the preparation of a written report in accordance with the Federal Court Rules, though the hearing has been scheduled since September 5, 2000.
[10] In his decision of May 24, 2000 James Hugessen J. provided that the hearing of the case would be scheduled [TRANSLATION] "for an early date in view of the plaintiff's precarious state of health".
[11] On the evidence submitted in support of the motion, the plaintiff was not able to persuade the Court that the interests of justice would be well served by postponing the hearing of the case at bar.
[12] For all these reasons, the instant application for a postponement is dismissed and the hearing of the case will begin on Monday, April 23, 2001 at Ottawa, Ontario as scheduled.
Pierre Blais Judge
OTTAWA, ONTARIO
April 19, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20010419
Docket: T-1738-98
OTTAWA, ONTARIO, APRIL 19, 2001
BEFORE: BLAIS J.
BETWEEN:
RICHARD QUENNEVILLE
Plaintiff
- and -
CORRECTIONAL SERVICE CANADA
C/O ATTORNEY GENERAL OF CANADA and
PORT-CARTIER DETENTION CENTRE
Defendants
ORDER
This is a motion to authorize postponement of proof and hearing set down for Monday, April 23, 2001 at Ottawa, Ontario.
THIS COURT ORDERS THAT:
The motion for postponement be dismissed and the hearing proceed as scheduled on Monday, April 23, 2001 at Ottawa, Ontario.
Pierre Blais Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT No.: T-1738-98
STYLE OF CAUSE: RICHARD QUENNEVILLE v. CORRECTIONAL SERVICE CANADA ET AL.
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: APRIL 19, 2001
REASONS FOR ORDER BY: BLAIS J.
DATED: APRIL 19, 2001
APPEARANCES:
ISABELLE REGOUT FOR THE PLAINTIFF
SÉBASTIEN GAGNÉ FOR THE DEFENDANT
SOLICITORS OF RECORD:
LEDUC, BOUTHILLETTE FOR THE PLAINTIFF
12 RUE STE-MARIE
HULL, QUEBEC
J8Y 2A3
DEPUTY ATTORNEY GENERAL OF CANADA FOR THE DEFENDANT
DEPARTMENT OF JUSTICE
284 WELLINGTON STREET
OTTAWA, ONTARIO
K1A 0H8