BETWEEN:
and
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on May 18, 2006.
REASONS FOR ORDER BY: PELLETIER J.A.
Docket: A-78-06
Citation: 2006 FCA 183
Present: PELLETIER J.A.
BETWEEN:
JAMES RUSSELL BAIRD
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR ORDER
[1] Mr. Baird seeks an extension of time to file notices of appeal with respect to the dismissal of two motions made in the context of an action which has since been dismissed.
[2] A notice of appeal has been filed with respect to the dismissal of the action. Unless it succeeds, the appeal from the dismissal of the motions is moot, except in relation to the matter of costs. Mr. Baird's motion for an extension of time has been met with a motion for security for costs which will be dealt with separately.
[3] It is neither in Mr. Baird's interests, nor in anyone else's to incur costs with respect to the appeal of the interlocutory motions until the fate of the action is known. If the appeal is dismissed, all that remains is the issue of costs. If it is not, then the merits of the dismissal of the motions can be addressed.
[4] For those reasons, I propose to dismiss without costs the applications for an extension of time to appeal from the interlocutory orders dismissing Mr. Baird's motions but with leave to Mr. Baird to bring a further motion for an extension of time once the appeal from the dismissal of his action is decided. If the appeal is dismissed, Mr. Baird can seek an extension of time to appeal the orders of costs in relation to the dismissal of his motions. If the appeal is successful, Mr. Baird can seek an extension of time to appeal the dismissals on their merits.
[5] Since I have not heard the respondent on the issue, I make no order as to the respondent's right to collect its costs pending the hearing of the appeal.
[6] In his motion record, Mr. Baird seeks other relief, namely a direction with respect to financial aid, leave of the Court to bring a motion for summary judgment with respect to two clauses of his statement of claim.
[7] Even if the Court had the authority to make an order for financial aid to a litigant, I would decline to make such an order in this case. While the appellant may be impecunious, and while he may truly believe in the justness of his cause, neither of these factors distinguish him from the other impecunious litigants at the Court's door.
[8] As for the question of leave to bring a motion for summary judgment on a Statement of Claim which stands dismissed, the appellant is asking for something which cannot be done. Unless his appeal is successful, the statement of claim is dismissed and no proceedings can be founded on it.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-78-06
STYLE OF CAUSE: James Russell Baird and Her Majesty the Queen
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: PELLETIER J.A.
WRITTEN REPRESENTATIONS BY:
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| FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Ottawa, Ontario |
FOR THE RESPONDENT
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