Federal Court Decisions

Date: 20010320

Docket: T-2769-96

Neutral Citation: 2001 FCT 203

MONTREAL, QUEBEC, THIS 20^th DAY OF MARCH 2001

PRESENT:            RICHARD MORNEAU, ESQ., PROTHONOTARY

BETWEEN:

                                             LARRY PACE

                                                                                                      Plaintiff

                                                    AND

                              HER MAJESTY THE QUEEN

                                                                                                  Defendant

Motion on behalf of Defendant for permission to amend its Statement of Defence.

                     REASONS FOR ORDER AND ORDER

RICHARD MORNEAU, ESQ., PROTHONOTARY

[1]    Upon considering the written representations filed by the parties in relation to the motion at bar;

[2]    The defence pursuant to section 32(1) of the Criminal Code arises out of the facts

already pleaded in the Statement of Claim and the Statement of Defence. The Defendant has already pleaded a similar defence of justified use of force pursuant to the Corrections and Conditional Release Act. The proposed amendment does not allege any new facts of which the Plaintiff or his counsel are not aware. The amendments sought by the Defendant do not materially alter the nature of the Statement of Defence which has been presented by the Defendant since the beginning of this matter. I am satisfied that the Plaintiff will suffer no prejudice by allowing the proposed amendments.

[3]    Therefore, the Defendant's motion is granted with costs to the Defendant. The Amended Statement of Defence shall be served and filed within ten (10) days of the date of this Order.

[4]    As to the Plaintiff's request for further discovery, I am satisfied that Plaintiff's counsel has already discovered the Crown's representative on the same facts and circumstances giving rise to the proposed amendments. Therefore, the Plaintiff's request in this regard is denied.

Richard Morneau      

                 Prothonotary

                          FEDERAL COURT OF CANADA

    NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:

STYLE OF CAUSE:

T-2769-96

LARRY PACE

                                                                              Plaintiff

AND

HER MAJESTY THE QUEEN

                                                                          Defendant

WRITTEN MOTION EXAMINED IN MONTREAL WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ORDER BY:Richard Morneau, Esq., Prothonotary

DATE OF REASONS FOR ORDER:March 20, 2001

WRITTEN OBSERVATIONS BY:

Mr. Mark T. Knox		for the Plaintiff

Mr. David A. Graves		for the Defendant

SOLICITORS OF RECORD:

Garson, Knox & MacDonald Halifax, Nova Scotia		for the Plaintiff

McInnes Cooper Halifax, Nova Scotia

for the Defendant