Date: 20020313
Docket: T-1906-98
Neutral Citation: 2002 FCT 279
Montréal, Quebec, March 13, 2002
Present: Mr. Richard Morneau, Prothonotary
BETWEEN:
NANCY MARTEL
Applicant (respondent)
and
HER MAJESTY THE QUEEN
Respondent (applicant)
Motion to dismiss for undue delays and production of an inaccurate affidavit.
[Rules 167 and 227 of the Federal Court Rules, 1998]
REASONS FOR ORDER AND ORDER
[1] The striking out sought by the respondent is dismissed, since it seems to me excessively harsh given the situation that must be remedied here, i.e. the production by the applicant of a more complete affidavit of documents.
[2] In this regard, the applicant shall serve under sealed cover by July 26, 2002 a more complete affidavit of documents listing the following documents. A copy of these documents shall also be sent at the same time to counsel for the respondent.
1. The applicant's "notes" to which exhibit 32 in the affidavit of Me Letarte refers.
2. The applicant's medical records.
3. Any relevant document obtained by the applicant under her new identity or any other identity.
[3] The applicant shall pay the respondent within thirty (30) days of this order costs in the amount of $450.
Richard Morneau
Prothonotary
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20020313
Docket: T-1906-98
Between:
NANCY MARTEL
Applicant (respondent)
and
HER MAJESTY THE QUEEN
Respondent (applicant)
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET NO: T-1906-98
STYLE: NANCY MARTEL
Applicant
and
HER MAJESTY THE QUEEN
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 11, 2002
REASONS FOR ORDER OF Mr. RICHARD MORNEAU, PROTHONOTARY
DATED: March 13, 2002
APPEARANCES:
Elizabeth Goodwin for the applicant
Francis Archambault for the respondent
SOLICITORS OF RECORD:
Grey, Casgrain for the applicant
Montréal, Quebec
Morris Rosenberg for the respondent
Deputy Attorney General of Canada