Date: 19990113
Docket: T-369-96
MONTRÉAL, QUEBEC, THE 13th DAY OF JANUARY 1999
Present: RICHARD MORNEAU, PROTHONOTARY
Between:
ALLAN J. LÉGÈRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
ORDER FOR ATTENDANCE
OF PERSON IN CUSTODY
TO THE OFFICERS OF the Sainte-Anne-des-Plaines Regional Reception Centre (S.H.U.) AND TO ALL POLICE OFFICERS:
WHEREAS it appears that the attendance of Allan J. Légère (FPS: 112120A), who is detained in custody, is necessary to this proceeding,
THIS COURT ORDERS that Allan J. Légère be brought before this Court on January 21, 1999, at 9 a.m., at 30 McGill Street, Montréal, province of Quebec, and that the said Allan J. Légère be returned and readmitted immediately thereafter to the correctional institution or other facility from which the said Allan J. Légère was brought.
Richard Morneau
Prothonotary
Certified true translation
Peter Douglas
Date: 19990113
Docket: T-369-96
Between:
ALLAN J. LÉGÈRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] This is a motion by the plaintiff under rule 45 of the Federal Court Rules, 1998 (the Rules) to have the plaintiff brought before this Court on January 21, 1999, to attend and testify at the trial of the action for damages he brought against the defendant.
[2] I take the order of Mr. Justice Denault dated December 11, 1998, to suggest that this trial be conducted as an "action", not as a "simplified action". In my opinion, under the circumstances, had the Court wished to have this action conducted as a simplified action, it would have specifically said so in its order of December 11, 1998.
[3] Were I now to order this action conducted as a simplified action, the trial scheduled for January 21, 1999"less than eight days from now"would have to be adjourned to a much later date in view of the different preparation both sides would then have to undertake.
[4] Accordingly, the order sought by the plaintiff under rule 45 will be issued.
Richard Morneau
Prothonotary
MONTRÉAL, QUEBEC
January 13, 1999
Certified true translation
Peter Douglas
Federal Court of Canada
Court No. T-369-96
BETWEEN
ALLAN J. LÉGÈRE
Plaintiff
" and "
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.:
STYLE OF CAUSE:
T-369-96
ALLAN J. LÉGÈRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
MOTION IN WRITING CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE BY THE PARTIES
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER:January 13, 1999
WRITTEN REPRESENTATIONS BY:
Gérald Danisfor the plaintiff
Éric Lafrenièrefor the defendant
SOLICITORS OF RECORD:
Bourgeois & Danisfor the plaintiff
Gérald Danis
Lorraine, Quebec
Morris Rosenbergfor the defendant
Deputy Attorney General of Canada