Date: 20060912
Docket: A-347-05
Citation: 2006 FCA 300
CORAM: DÉCARY J.A.
LÉTOURNEAU
J.A.
NADON J.A.
BETWEEN:
HEMCHAND RAMLALL, BA; MD;
DOHS; MCCEE;
MCCQE (Pts 1 & 2)
Appellant
and
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
Respondent
Heard at Montréal,
Quebec, on September 12,
2006.
Judgment delivered from the Bench at Montréal, Quebec, on September 12, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: NADON
J.A.
Date:
20060912
Docket: A-347-05
Citation: 2006
FCA 300
CORAM: DÉCARY
J.A.
LÉTOURNEAU J.A.
NADON
J.A.
BETWEEN:
HEMCHAND RAMLALL, BA; MD;
DOHS; MCCEE;
MCCQE (Pts 1 & 2)
Appellant
and
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Montréal, Quebec, on September 12, 2006)
NADON J.A.
[1]
On
May 10, 2005, Madam Justice Tremblay-Lamer dismissed the appellant’s Statement
of Claim against the respondent on the ground that it was plain and obvious
that it could not possibly succeed.
[2]
The
appellant did not commence an appeal from that order but brought a motion,
pursuant to Rule 397 of the Federal Courts Rules, for a reconsideration
of the order by the judge.
[3]
On
July 4, 2005, Madam Justice Tremblay-Lamer dismissed the appellant’s motion
without costs.
[4]
Reconsideration
under Rule 397 is possible when an order does not accord with the reasons given
by the judge or when a matter that should have been dealt with by the judge was
overlooked or accidentally omitted.
[5]
In
our view, the judge made no reviewable error in dismissing the appellant’s
motion.
[6]
We
wish to point out that although the appellant was duly notified of the date on
which his appeal would be heard, he failed to appear. Nonetheless, in reaching
the present result his written submissions were carefully considered.
[7]
It
appears clearly from the appellant’s written submissions that he is not, in
reality, seeking reconsideration under Rule 397 but is attempting to have the
judge reconsider, on the merits, her order of May 10, 2005. Hence, the recourse
open to him for that purpose was not a motion for reconsideration but would
have been the filing of a notice of appeal pursuant to subsection 27(1) of the Federal
Courts Act.
[8]
The
appeal will therefore be dismissed with costs fixed in the sum of $500.00
“Marc Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-347-05
APPEAL FROM AN ORDER OF JUSTICE
TREMBLAY-LAMER OF THE FEDERAL COURT DATED JULY 4, 2005, DOCKET NO. T-527-05
STYLE OF CAUSE: Hemchand
Ramlall, Ba; MD; DOHS; McCEE; MCCQE
(Pts 1 & 2) –vs-
Her
Majesty the Queen
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 12, 2006
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
LÉTOURNEAU J.A.
NADON J.A.
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
Hemchand Ramlall
(on his own behalf)
|
FOR THE APPELLANT
|
Alex Kaufman
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
Hemchand Ramlall
Scarborough, Ontario
|
FOR THE
APPELLANT
|
John H. Sims, Q.C. FOR RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario
|
FOR THE RESPONDENT
|