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Date: 19980512


Docket: 98-T-20

MONTRÉAL, QUEBEC, THE 12th DAY OF MAY 1998

Present:      RICHARD MORNEAU, PROTHONOTARY

Between:

     LOUIS DESROCHERS

     Moving Party

     AND

     ATTORNEY GENERAL OF CANADA

     Respondent

     ORDER

     The respondent"s motion is dismissed without costs.

Richard Morneau

     Prothonotary

Certified true translation

Peter Douglas


Date: 19980512


Docket: 98-T-20

Between:

     LOUIS DESROCHERS

     Moving Party

     AND

     ATTORNEY GENERAL OF CANADA

     Respondent

     REASONS FOR ORDER

RICHARD MORNEAU, PROTHONOTARY:

[1]      In her motion in writing under Rule 324 of the Federal Court Rules, the respondent asks the Court to strike out certain allegations and evidence raised by the moving party in his reply on his motion for an extension of time under subsection 18.1(2) of the Federal Court Act, R.S.C., 1985, c. F-7.

[2]      In principle, the respondent is right. It is at the initial stage of submitting a motion that a moving party is required to introduce all the evidence in support of his or her case. In his reply, the moving party in the instant case, who is representing himself, both disputes the respondent"s objection to his application for an extension of time and adds allegations unsupported by the evidence and a supplementary affidavit to his initial position.

[3]      Although I understand counsel for the respondent"s frustration with this development, and though he considers the situation unfair, I cannot be satisfied that the end result of the motion for an extension of time would be so prejudicial to the respondent that it would be necessary to intervene as suggested by the respondent. Therefore, considering all the circumstances in the case at bar, I do not intend to grant the various remedial measures sought by the respondent. Incidentally, I am of the view that to strike material from the moving party"s reply memorandum and then allow him to file a new memorandum later on would only complicate matters.

[4]      The respondent must accept that the judge hearing the merits of the moving party"s motion for an extension of time will know what to take into account and how to determine the weight to be given to the parties" respective submissions.

[5]      This motion will be dismissed without costs.

Richard Morneau

     Prothonotary

MONTRÉAL, QUEBEC

May 12, 1998

Certified true translation

Peter Douglas

     Federal Court of Canada

     Court No. 98-T-20

BETWEEN

     LOUIS DESROCHERS

     Moving Party

     " and "

     ATTORNEY GENERAL OF CANADA

     Respondent

     REASONS FOR ORDER

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:

STYLE OF CAUSE:

98-T-20

LOUIS DESROCHERS

     Moving Party

AND

ATTORNEY GENERAL OF CANADA

     Respondent

MOTION IN WRITING CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES

REASONS FOR ORDER BY RICHARD MORNEAU, PROTHONOTARY

DATE OF REASONS FOR ORDER:May 12, 1998

WRITTEN REPRESENTATIONS BY:

Louis Desrochers for the moving party

Richard Turgeon for the respondent

SOLICITOR OF RECORD:

George Thomson for the respondent

Deputy Attorney General of Canada

Ottawa, Ontario


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