Date: 20000609
Docket: T-1391-99
Ottawa, Ontario, June 9, 2000
Present: THE HONOURABLE MR. JUSTICE DENAULT
Between:
DANIEL AUDET,
Plaintiff,
- and -
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA,
Defendant.
ORDER
The plaintiff's appeal from the decision of Prothonotary Morneau of May 17, 2000 is dismissed with costs, which the Court establishes at $500.
| J. |
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20000609
Docket: T-1391-99
Between:
DANIEL AUDET,
Plaintiff,
- and -
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA,
Defendant.
REASONS FOR ORDER
DENAULT J.
[1] I stated at the outcome of the hearing of this appeal from Prothonotary Morneau's decision that it could not be allowed.
[2] The plaintiff in this case has failed to show that the prothonotary erred in any way in dismissing his action based on the facts that had led the parties to a mutual transaction, the defendant having agreed to pay the plaintiff $105,000 in settlement of the relations between him and the Royal Canadian Mounted Police and in particular his claims in files T-1793-95 and T-1794-95.
[3] This transaction, the terms of which are clear, is completely unambiguous and has, between the parties, the authority of a final judgment (res judicata) (art. 2633 of the Civil Code). It forms a homogeneous unit, the terms of which cannot be split without distorting its meaning and thus betraying the intention of the parties (Léonard v. Mona Realties Ltd., [1973] C.A. 1034, p. 1039). Furthermore, if the Court were to allow the appeal and give the plaintiff leave to continue his action, it would have to restore the parties to the state in which they were before the transaction, thereby obliging the plaintiff to return the money he has received; the plaintiff, by his own admission, is unable and unwilling to do so.
[4] For these reasons, the plaintiff's appeal from the decision of Prothonotary Morneau of May 17, 2000 is dismissed with costs, which the Court establishes at $500.
| J. |
Ottawa, Ontario
June 9, 2000
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| DOCKET NO: T-1391-99 |
| STYLE: Daniel Audet v. Her Majesty the Queen in Right of Canada |
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: June 5, 200 |
REASONS FOR ORDER OF DENAULT J.
DATED: June 9, 2000
APPEARANCES:
Daniel Audet
| Lavaltrie, Quebec THE PLAINTIFF REPRESENTING HIMSELF |
Raymond Piché
Montréal, Quebec FOR THE DEFENDANT
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE DEFENDANT