Federal Court of Appeal - Laurendeau v. Canada (Attorney General)

Printer-Friendly Page

Date: 20040126

Docket: 03-A-44

Citation: 2004 FCA 35

Present: THE HONOURABLE MR. JUSTICE PELLETIER

BETWEEN:

ALAIN LAURENDEAU

Moving Party

and

ATTORNEY GENERAL OF CANADA

Respondent

Motion in writing decided without appearance of the parties.

Order made at Ottawa, Ontario, on January 26, 2004.

REASONS FOR ORDER: PELLETIER J.A.

Date: 20040126

Docket: 03-A-44

Citation: 2004 FCA 35

Present: THE HONOURABLE MR. JUSTICE PELLETIER

BETWEEN:

ALAIN LAURENDEAU

Moving Party

and

ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR ORDER

PELLETIERJ.

[1] This is a motion to reconsider by the moving party, although it does not comply with the Federal Court Rules, 1998, including rule 397, which sets a ten-day time limit for such motions.

[2] What the moving party has not explained is why, for three years, he did nothing to move his appeal forward. The Federal Court Rules, 1998, specify not only what the moving party must do to proceed with his appeal, but also that the moving party shall comply with the Rules, even if he is representing himself:

122. Subject to paragraphs 152(2)(a) and 146(1)(b), unless the Court orders otherwise, a party not represented by a solicitor or a person authorized under rule 120 to represent a party shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules.

122. Sous réserve des alinéas 152(2)a) et 146(1)b) et sauf ordonnance contraire de la Cour, la partie qui n'est pas représentée par un avocat ou la personne autorisée à représenter une partie conformément à la règle 120 accomplit elle-même tout ce que les présentes règles exigent d'un avocat ou permettent à ce dernier de faire.

[3] When the moving party had heard nothing about his appeal after a reasonable period of time, he had to do what was necessary to move his case forward. It is the lack of effort on his part during the time that the respondent had not taken any collection action which has not been explained.

[4] For these reasons, the application is dismissed with costs fixed by the Court at $150.

"Denis Pelletier"

J.A.

Certified true translation

Kelley A. Harvey, BA, BCL, LLB

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET: 03-A-44

STYLE OF CAUSE: ALAIN LAURENDEAU

and

ATTORNEY GENERAL OF CANADA

MOTION IN WRITING EXAMINED WITHOUT APPEARANCE OF THE PARTIES

REASONS FOR ORDER: THE HONOURABLE MR. JUSTICE PELLETIER

DATE OF REASONS: January 26, 2004

WRITTEN REPRESENTATIONS BY:

Alain Laurendeau Representing himself

Pauline Leroux For the respondent

SOLICITORS OF RECORD:

Alain Laurendeau Representing himself

Montréal, Quebec

Morris Rosenberg

Deputy Attorney General of Canada For the respondent

Montréal, Quebec