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Docket: A-48-16
Present:
TRUDEL J.A.
BETWEEN:
DAVID RAYMOND AMOS
Appellant
and
HER MAJESTY THE QUEEN
Respondent
ORDER
[1] The appellant appeals an order of Southcott, J. of the Federal Court (2016 FC 93) wherein,
amongst other relief, he allowed to stand part only of the appellants Statement of Claim filed in
that Court (T-1557-15);
[2] The respondent has filed a Notice of cross-appeal alleging that the appellants Statement of
Claim should have been struck in its entirety;
Page: 2
[3] Most recently, the appellant sent to the Registry a letter accompanied by a Notice of
Motion to request an oral hearing;
[5] By letter dated May 5, 2016, the respondent asks that a case management Judge be assigned
to this file, otherwise there will be considerable procedural difficulties that will prevent the
Appeal from proceeding in the most expeditious and least expensive manner;
[6] In his Notice of Appeal of Southcott J.s Order, the appellant seeks the following relief:
1)
2)
3)
[7] On appeal to this Court, the best that the appellant can hope for is that his Statement of
Claim be reinstated to its original form and content and the matter returned to the Federal Court
Page: 3
for continuation of the proceeding on the merits - all of this, of course, if it were decided that the
respondents cross-appeal should be dismissed;
All this raises a question as to the relevance of the proposed Notice of Motion.
b) If the appellant insists on presenting his Motion, it shall be duly served and filed in
Form 369 in accordance with the Federal Courts Rules SOR/98-106 (the Rules);
c) The appellant shall, in the next 10 days (no later than May 26, 2016) serve and file his
proposal as to the contents of the Appeal Book unless he agrees with the respondents
proposal contained in a letter dated March 3, 2016;
d) If the parties disagree, the appellant shall, no later than June 10, 2016, serve and file a
proper Notice of Motion under Rule 369 to request that the Court determine the
contents of the Appeal Book;
e) These timelines and the prescriptions of the Rules shall be followed or this appeal
could be dismissed without any further delay;
"Johanne Trudel"
J.A.