Date: 19991122
Docket: T-1391-99
Between:
DANIEL AUDET
Plaintiff
AND
HER MAJESTY THE QUEEN IN RIGHT
OF CANADA AND THE RCMP
Defendant
REASONS FOR ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] This is a motion by the defendant to get the plaintiff " who is representing himself " to comply with the order of this Court dated October 4, 1999 (the Order).
[2] There is cause to allow this motion in accordance with the terms of the order accompanying these reasons.
[3] The plaintiff should note carefully that the Order indeed requires the striking out of paragraphs 18, 20, 23, 24, 35, 36, 37, 38 in part and 41 of his statement of claim. The Order does not simply require, as the plaintiff argues, the removal from the said paragraphs of the names of certain persons or entities.
[4] Furthermore, the plaintiff should know that neither this Court, nor the defendant through its motion, is seeking to prevent the plaintiff from pursuing the cause of action that must be contemplated by his statement of claim herein, namely, if it can be summarized in this way, the fact that the plaintiff is seeking damages against Her Majesty on the ground that the plaintiff allegedly did not obtain certain information that would have enabled him to assess the amount of his damages at the time of the agreement signed on October 17, 1995 in settlement of court dockets T-1793 and T-1794-95.
[5] The plaintiff should re-amend his statement of claim with a view to drafting it in terms of this cause of action. This is, of course, a relatively demanding exercise for someone not represented by counsel, but it is a necessary exercise nonetheless.
| Richard Morneau |
| Prothonotary |
MONTRÉAL, QUEBEC
November 22, 1999
Certified true translation
Bernard Olivier
Federal Court of Canada
Trial Division
Date: 19991122
Docket: T-1391-99
Between:
DANIEL AUDET
Plaintiff
AND
HER MAJESTY THE QUEEN IN RIGHT
OF CANADA AND THE RCMP
Defendant
REASONS FOR ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO: T-1391-99 |
| STYLE: DANIEL AUDET |
Plaintiff
AND
| HER MAJESTY THE QUEEN IN RIGHT OF CANADA |
| AND THE RCMP |
Defendant
WRITTEN MOTION EXAMINED IN MONTRÉAL WITHOUT APPEARANCE
OF PARTIES
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER: November 22, 1999
WRITTEN OBSERVATIONS BY:
Daniel Audet for the plaintiff
Marie-Claude Couture for the defendant
SOLICITORS OF RECORD:
Morris Rosenberg for the defendant
Deputy Attorney General of Canada
Date: 19991122
Docket: T-1391-99
MONTRÉAL, QUEBEC, THIS 22ND DAY OF NOVEMBER 1999
Present: RICHARD MORNEAU, PROTHONOTARY
Between:
DANIEL AUDET
Plaintiff
AND
HER MAJESTY THE QUEEN IN RIGHT
OF CANADA AND THE RCMP
Defendant
ORDER
In view of the representations by the parties;
THE COURT ALLOWS this motion in the following terms:
ORDERS the plaintiff to comply with the order rendered by this Court on October 4, 1999 (the Order);
ENJOINS the plaintiff to strike the defendant "the RCMP" from the style of cause of his amended statement of claim and to strike from his amended statement of claim the RCMP Public Complaints Commission and paragraphs 18, 20, 23 and 24 on the grounds that the Court has already ordered they be struck out;
STRIKES OUT the phrase "and the Commission" in paragraph 26 of the amended statement of claim on the ground that this phrase contravenes the spirit of the Order and is in the nature of judicial review since it is intended as a collateral attack on the mode of investigation and findings of the RCMP Public Complaints Commission;
STRIKES OUT paragraphs 35, 36 and 37 of the amended statement of claim on the ground that these paragraphs contravene the spirit of the Order and are in the nature of judicial review since they are intended as a collateral attack on the mode of investigation and findings of the RCMP Public Complaints Commission;
ORDERS the plaintiff to comply with the Order and this order within fifteen (15) days of this order;
STAYS the period for filing and serving the amended defence as ordered on October 4, 1999 and ALLOWS the defendant to file an amended defence within thirty (30) days following the day on which the plaintiff files a re-amended statement of claim in the Court file in accordance with the orders of the Court;
The whole without costs.
Richard Morneau
Prothonotary
Certified true translation
Bernard Olivier