Federal Court of Appeal Decisions

Date: 20070412

Docket: A-401-06

Citation: 2007 FCA 148

Present:          SHARLOW J.A.

BETWEEN:

TERRY LYNN LEBRASSEUR and

JOSEPH ALAIN LEBRASSEUR

Appellants

and

HER MAJRESTY THE QUEEN

Respondent

Dealt with in writing without appearance of parties.

Order delivered at Ottawa, Ontario, on April 12, 2007.

REASONS FOR ORDER BY:                                                                                  SHARLOW J.A.

Date: 20070412

Docket: A-401-06

Citation: 2007 FCA 148

Present:          SHARLOW J.A.

BETWEEN:

TERRY LYNN LEBRASSEUR and

 JOSEPH ALAIN LEBRASSEUR

Appellants

and

HER MAJRESTY THE QUEEN, IN RIGHT OF CANADA

Respondent

REASONS FOR ORDER

SHARLOW J.A.

[1]               The respondent has submitted for filing a memorandum of fact and law that does not comply with Rule 65(b) of the Federal Courts Rules, in that it uses type that is smaller than 12 point. I have been asked by the Registry whether the memorandum may be accepted for filing despite being non-compliant.

[2]               The purpose of Rule 65(b) is to ensure that court documents can be read easily and, in the case of a memorandum of fact and law, to deter parties from using small letters in an attempt to avoid the 30 page limitation in Rule 70(4). If it is necessary to exceed the 30 page limitation, the remedy is not to reduce the size of the letters, but to seek leave to file a lengthier memorandum of fact and law.

[3]               In this case it appears likely that the memorandum would exceed 30 pages if the type were of the prescribed size. That does not appear to be the result of the complexity of the legal issues. Rather, it seems that the author of the memorandum has chosen not to provide “concise statements” of the facts, issues and submissions (see Rule 70), but has chosen instead to present a detailed factual account and legal analysis, with lengthy quotations from decisions in other proceedings involving these parties, as well as lengthy quotations from relevant authorities.

[4]               In this case I will direct the Registry not to file the respondent’s memorandum of fact and law. The respondent will then have three choices: (1) to file no memorandum of fact and law; (2) to revise the memorandum of fact and law so that it uses type that is not smaller than 12 point and does not exceed 30 pages in length, and then file a notice of motion to seek an order extending the time for submitting the revised memorandum of fact and law, or (3) to revise the memorandum of fact and law so that it uses type that is not smaller than 12 point, and then file a notice of motion to seek an order extending the time for submitting the memorandum of fact and law and granting leave to file a memorandum that exceeds 30 pages.

"K. Sharlow"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-401-06

STYLE OF CAUSE:                                                              TERRY LYNN LEBRASSEUR and JOSEPH ALAIN LEBRASSEUR v. HER MAJESTY THE QUEEN, IN RIGHT OF CANADA

MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES

REASONS FOR ORDER BY:                                             SHARLOW J.A.

DATED:                                                                                 April 12, 2007

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: