Date: 20020827
Docket: T-1507-01
Neutral citation: 2002 FCT 914
BETWEEN:
JEAN CLAUDE PASCAL
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
PINARDJ.
[1] This is a motion by the applicant appealing an order of Prothonotary Morneau dated
June 19, 2002, dismissing his application for judicial review for delay on the basis of paragraph 382(2)(a) of the Federal Court Rules, 1998.
[2] The effect of the prothonotary's decision was to put an end to the main proceeding, so I must therefore consider the matter de novo.
[3] Following the notice of status review indicating to the applicant that more than 180 days had elapsed since the filing of the notice of application for judicial review and that no requisition for a hearing date had been filed, the applicant was required to show cause why his application should not be dismissed for delay, by means of written representations served and filed on or before April 26, 2002.
[4] The record shows that the only reason given by the applicant to attempt to justify his failure to file a requisition for a hearing date was that he [TRANSLATION] "was often busy in other personal matters that had priority" and that [TRANSLATION] "the applicant must be in a peaceful state of mind." In my view, that mere general allegation is far from being sufficient to constitute the required justification. Moreover, the applicant wrongly persisted in wanting to consider his application as an action rather than as an application for judicial review. He never proposed an action plan to continue his proceeding.
[5] In the circumstances, it is clear that the applicant does not meet the requirements laid down by case law, in particular Grenier v. Canada (January 30, 2001), Doc. A-474-00 (F.C.A.), Lignum Ltd. v. "Azur" (The) (February 14, 2000), Doc. A-458-98 (F.C.A.) and Baroud v. Canada (M.C.I.) (1998), 160 F.T.R. 91 (T.D.).
[6] Accordingly, the motion is dismissed and the application for judicial review is dismissed for delay.
"Yvon Pinard"
Judge
Montréal, Quebec
August 27, 2002
Certified true translation
S. Debbané, LLB
Date: 20020827
Docket: T-1507-01
Montréal, Quebec, August 27, 2002
Present: The Honourable Mr. Justice Pinard
BETWEEN:
JEAN CLAUDE PASCAL
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
ORDER
The applicant's motion appealing the decision of Prothonotary Morneau dated
June 19, 2002, is dismissed. As a result, the applicant's application for judicial review is dismissed for delay on the basis of paragraph 382(2)(a) of the Federal Court Rules, 1998.
"Yvon Pinard"
Judge
Certified true translation
S. Debbané, LLB
TRIAL DIVISION
Date: 20020827
Docket: T-1507-01
Between:
JEAN CLAUDE PASCAL
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
DOCKET: T-1507-01
STYLE OF CAUSE: JEAN CLAUDE PASCAL
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: August 26, 2002
REASONS FOR ORDER: THE HONOURABLE MR. JUSTICE PINARD
DATE OF REASONS: August 27, 2002
APPEARANCES:
Jean Claude Pascal FOR THE APPLICANT
(representing himself)
Michel Mathieu FOR THE RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario