Date: 19990922
Docket: A-443-98
A-444-98
CORAM: DÉCARY J.A.
MacKAY J.
McDONALD J.A.
BETWEEN:
DWIGHT KAYLOR CREELMAN
Appellant
(Plaintiff)
- and -
HER MAJESTY THE QUEEN
Respondent
(Defendant)
Heard at Toronto, Ontario, Tuesday, September 21, 1999
Judgment delivered at Toronto, Ontario on Wednesday, September 22, 1999
REASONS FOR JUDGMENT BY: DÉCARY J.A.
CONCURRED IN BY: MacKAY J.
McDONALD J.A.
Date: 19990922
Dockets: A-443-98 (T-622-98)
A-444-98 (T-620-98)
CORAM: DÉCARY J.A.
MacKAY J.
McDONALD J.A.
BETWEEN:
DWIGHT KAYLOR CREELMAN
Appellant
(Plaintiff)
- and -
HER MAJESTY THE QUEEN
Respondent
(Defendant)
REASONS FOR JUDGMENT
DÉCARY J.A.:
[1] These two appeals were heard together and will be disposed of by reasons to be filed in each file.
[2] These appeals were heard in Toronto, in the absence of the appellant, an inmate of the Warkworth penitentiary. The appellant had expressly and on his own volition asked the Court to be dispensed from attending the hearing and to decide the appeals on the basis of his written submissions. The Court granted the appellant"s request and the appeals proceeded in the presence of counsel for the respondent. Counsel informed the Court at the hearing that she had nothing to add to her written submissions.
[3] In four separate orders, the Motions Judge dismissed both of the appellant's motions for directions and granted each of the respondent's motions to strike out the statements of claim.
[4] The appellant has failed to demonstrate that the learned Motions Judge did not judicially exercise his discretion.
[5] With regard, more particularly, to the orders striking out the appellant's declarations, the Motions Judge can certainly not be faulted for having found that the declarations at issue, five paragraphs in length in File A-444-98 and three paragraphs in length in file A-443-98, did not contain sufficient facts on which the appellant could base his claim.
[6] The appellant has raised a series of procedural arguments that are at their face, on the facts of these cases, without merit.
[7] Both appeals should be dismissed. There will be no order as to costs.
"Robert Décary"
J.A.
"I agree.
W. Andrew MacKay J."
"I agree.
F.J. McDonald J.A."
Names of Counsel and Solicitors of Record
DOCKET: A-443-98 (T-622-98)
A-444-98 (T-620-98)
| STYLE OF CAUSE: DWIGHT KAYLOR CREELMAN |
| Appellant |
(Plaintiff)
- and -
| HER MAJESTY THE QUEEN |
| Respondent |
(Defendant)
DATE OF HEARING: TUESDAY, SEPTEMBER 21, 1999
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: DÉCARY J.A. |
| CONCURRED IN BY: MacKAY J., McDONALD J.A. |
Delivered at Toronto, Ontario
on Wednesday, September 22, 1999
APPEARANCES: No One Appearing
| For the Appellant |
Ms. Janice Rodgers
For the Respondent
| SOLICITORS OF RECORD: Dwight Kaylor Creelman |
c/o The Warkworth Penitentiary
| P.O. Box 760 |
Campbellford, Ontario
K0L 1L0
| For the Appellant on his own behalf |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 19990922
Docket: A-443-98 (T-622-98)
A-444-98 (T-620-98)
BETWEEN:
DWIGHT KAYLOR CREELMAN
Appellant
(Plaintiff)
- and -
| HER MAJESTY THE QUEEN |
Respondent
(Defendant)
REASONS FOR JUDGMENT