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     Date:19990106

     Docket: T-1368-97

MONTRÉAL, QUEBEC, THE 6TH DAY OF JANUARY 1999

Before:      Mr. RICHARD MORNEAU, PROTHONOTARY


Between:


ANTOINE C. ZARZOUR


Plaintiff


AND


HER MAJESTY THE QUEEN


Defendant




     Motion by the defendant to quash the subpoenas issued by this Court on October 13, 1998, addressed to Ms. Diane Bélisle and Mr. Raymond Fortin.

[Rules 4 and 369 of the Federal Court Rules, 1998

and article 281 of the Code of Civil Procedure]




REASONS FOR ORDER AND ORDER

Mr. RICHARD MORNEAU, PROTHONOTARY:

[1]      Having read the written representations of the parties pertaining to this motion by the defendant, I think it is appropriate to dismiss the motion, since in my opinion it is not clear that the presence of Ms. Bélair or Mr. Fortin is not required in order to produce some relevant documents as evidence or to answer some relevant questions. The judge who is called on to hear this matter commencing January 11, 1999 will have to determine the true relevance of the documents to be submitted in evidence or the relevance of the questions that the plaintiff " who is representing himself " intends to put to the persons referred to above.

[2]      It is also unnecessary in the context of this motion by the defendant to consider certain remedies that the plaintiff is seeking on page 10 of his respondent"s motion record.

[3]      The defendant"s motion to quash the subpoenas is therefore dismissed, with costs to follow.


Richard Morneau
Prothonotary

MONTRÉAL, QUEBEC

January 6, 1999


Certified true translation

Bernard Olivier

Federal Court of Canada



Court file no. T-1368-97


Between:


ANTOINE C. ZARZOUR


Plaintiff


AND


HER MAJESTY THE QUEEN


Defendant











REASONS FOR ORDER

AND ORDER





FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD


FILE NO:T-1368-97
STYLE:ANTOINE C. ZARZOUR
Plaintiff
                 AND
                 HER MAJESTY THE QUEEN
Defendant

WRITTEN MOTION EXAMINED IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES

REASONS FOR ORDER OF MR. RICHARD MORNEAU, PROTHONOTARY

DATE OF REASONS FOR ORDER:January 6, 1999

WRITTEN REPRESENTATIONS BY:
Mr. Antoine Zarzour                  for the plaintiff
Mr. Louis Sébastien                  for the defendant


SOLICITOR OF RECORD:
Mr. Morris Rosenberg              for the defendant
Deputy Attorney General of Canada
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