Federal Court of Appeal Decisions

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Date: 20030317

 

Docket: A-232-02

 

Neutral citation: 2003 FCA 141

 

 

CORAM:       STRAYER J.A.

NADON J.A.

EVANS J.A.

 

 

BETWEEN:

 

                                                              ARTHUR FROOM

 

Appellant

 

 

- and -

 

 

 

 

HER MAJESTY THE QUEEN and

THE MINISTER OF JUSTICE

 

 

Respondent

 

 

 

 

 

                                  Heard at Toronto, Ontario, on Monday, March 17, 2003.

 

             Judgment delivered from the Bench at Toronto, Ontario, on Monday, March 17, 2003.

 

 

 

REASONS FOR JUDGMENT OF THE COURT BY:                                             EVANS J.A.


                                                                                                                                   Date: 20030317

 

                                                                                                                               Docket: A-232-02

 

                                                                                                            Neutral citation: 2003 FCA 141

 

 

CORAM:       STRAYER J.A.

NADON J.A.

EVANS J.A.

 

 

BETWEEN:

 

                                                              ARTHUR FROOM

 

Appellant

 

 

- and -

 

 

 

 

HER MAJESTY THE QUEEN and

THE MINISTER OF JUSTICE

 

Respondent

 

 

                                     REASONS FOR JUDGMENT OF THE COURT

                                           (Delivered from the Bench at Toronto, Ontario

                                                       on Monday, March 17, 2003.)

 

EVANS J.A.

 

 


[1]               This appeal by Arthur Froom arises from a decision of a Prothonotary to set a date for the hearing of two motions brought by the respondents, the defendants in the matter. The motions are to strike the appellant’s statements of claim and, in the alternative, to seek an extension of time for filing a defence. The respondents did not seek leave of the Court to bring these motions when they requested that a date be set. 

 

[2]               We are all of the opinion that the appeal should be dismissed. Gibson J. made no error in dismissing the appeal: Froom  v. The Queen, 2002 FCT 461.

 

[3]               No right of appeal lies from a direction of the Court: Pellikaan v. Canada, 2001 FCT 1415. Counsel for Mr. Froom argued that the Prothonotary had no power to set a date for the hearing of the motion to strike. He submitted that, because they have failed to file a defence within the time prescribed by the Federal Court Rules, 1998, and have not obtained an extension of time, the respondents require leave to file their motion. Whether, as counsel for Mr. Froom argues, the respondents require leave to file their motion to strike is a question that can be decided when the motion is heard.   

 

[4]               For these reasons, the appeal will be dismissed with costs payable forthwith by the appellant in the amount of $1,000.00 inclusive of disbursements.

 

 

“John M. Evans”                

J.A.                         


FEDERAL COURT OF CANADA

APPEAL DIVISION

Names of Counsel and Solicitors of Record

 

DOCKET:                                          A-232-02

 

STYLE OF CAUSE:              ARTHUR FROOM

                                                                                                                                              Appellant

- and -

 

HER MAJESTY THE QUEEN and

THE MINISTER OF JUSTICE

                                                                                                                                          Respondent

 

DATE OF HEARING:                      MONDAY, MARCH 17, 2003

 

PLACE OF HEARING:                    TORONTO, ONTARIO

 

REASONS FOR JUDGMENT

OF THE COURT BY:                       EVANS J.A.               

 

DATED:                                             MONDAY, MARCH 17, 2003

 

DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON MARCH 17, 2003.

 

 

APPEARANCES BY:                        Mr. Lorne Waldman

 

For the Appellant

 

Ms. Dale Yurka

 

For the Respondent

 

 

SOLICITORS OF RECORD:          Arthur Froom

c/o David Cousins

425 University Ave

Suite 203

Toronto, Ontario

M5G 1T6

 

For the Appellant

 

Morris Rosenberg

Deputy Attorney General of Canada


For the Respondent

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