Date: 19991220
Docket: T-290-99
BETWEEN:
EDWIN PEARSON
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
TEITELBAUM J.:
[1] This is an appeal from the order of the Prothonotary, Roger R. Lafrenière, dated November 29, 1999 in which the Prothonotary denied the Appellant"s, Edwin Pearson"s, application to remove the stay that was in place in the present case.
[2] The Prothonotary refused Pearson"s application on the grounds that the application was premature "in that there may be further proceedings instituted by the Plaintiff (Pearson) before the Supreme Court of Canada."
[3] After the hearing on the appeal before me, I explained to the Appellant why I thought the Prothonotary"s decision was completely right and I would have no choice but to dismiss the present appeal.
[4] The Appellant assured me that at the present time there were no more proceedings before any Court in the Province of Quebec involving the criminal issues and that he had no intention to make application to the Supreme Court of Canada concerning any decision involving the criminal proceeding referred to by the Associate Chief Justice.
[5] I asked the Appellant to prepare and sign an affidavit to that effect.
[6] In that there are now no proceedings upon which the stay had been granted, pursuant to s. 50(3) of the Federal Court Act, it is hereby ordered that any stay previously ordered is lifted.
[7] The Defendant shall serve and file its defence within a delay of 45 days of today"s date.
[8] This is without prejudice to the Defendant to re-present a motion to strike Plaintiff"s Statement of Claim upon 10 days" notice.
[9] Costs in the cause.
"Max M. Teitelbaum"
J.F.C.C.
TORONTO, ONTARIO
December 20, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-290-99 |
| STYLE OF CAUSE: EDWIN PEARSON |
and
| HER MAJESTY THE QUEEN |
| DATE OF HEARING: MONDAY, DECEMBER 20, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
| AND ORDER BY: TEITELBAUM J. |
| DATED: MONDAY, DECEMBER 20, 1999 |
APPEARANCES: Mr. Edward Pearson
| For the Plaintiff |
| Mr. Scott McCrossin |
| For the Defendants |
| SOLICITORS OF RECORD: Edwin Pearson |
1285 Ontario, Apt. 1105
Burlington, Ontario
L7S 1X9
| For the Plaintiff |
Morris Rosenberg
Deputy Attorney General for Canada
| For the Defendant |
FEDERAL COURT OF CANADA
Date: 19991220
Docket: T-290-99
Between:
| EDWIN PEARSON |
Plaintiff
-and-
| HER MAJESTY THE QUEEN |
Defendant
REASONS FOR ORDER
AND ORDER