Court Number : T-1557-15 Style of Cause : DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN Proceeding Others - Crown (v. Queen) Actions Nature : Category : [Actions] Type of Action : Ordinary
49 records found for T-1557-15
Doc Date Filed Office Recorded Entry Summary Copy of a Letter from Defendant to Plaintiff provided by the Plaintiff with an attached email dated 26-MAY-2017 2017-05- - Fredericton The Defendant mentions they want communication from 26 Plaintiff in written letters by mail only, from now on. received on 26-MAY-2017 Acknowledgment of Receipt received from Plaintiff and 2017-04- Defendant with respect to Direction of the Court dated - Halifax 04 April 4, 2017 sent by facsimile and e-mail on April 4, 2017 placed on file on 04-APR-2017 Correction to General Sitting concerning Motion Doc. No. 2017-04- 21 Hearing removed from General Sitting at Fredericton - Halifax 04 on 10-APR-2017 Reason for correction: Direction of the Court dated April 4, 2017 Oral directions received from the presiding judge dated 04-APR-2017 directing that "Further to the letter from counsel for the Defendant, dated March 30, 2017 and to the case management teleconference held with the parties on April 3, 2017, the Plaintiff's motion, returnable April 10, 2017 in Fredericton, New Brunswick, seeking an order "affirming or denying the conflict of interest he has" with a 2017-04- number of judges of the Federal Court, is premature and, - Halifax 04 therefore, adjourned sine die as the issue of whether the Plaintiff's Statement of Claim discloses a reasonable cause of action is currently before the Federal Court of Appeal and could result in the dismissal of Plaintiff's action. To the extent that the Plaintiff's motion seeks an order "affirming or denying the conflict of interest he has" with a number of judges of the Federal Court of Appeal, the said motion is beyond the jurisdiction of the Federal Court and will not be entertained." placed on file on 04- APR-2017 Confirmed in writing to the party(ies) Receipt for the CD of recording of the hearing on 03-04- 2017-04- - Fredericton 2017 (requested by Plaintiff) placed on file on 03-APR- 03 2017 Halifax 03-APR-2017 BEFORE The Honourable Mr. Justice LeBlanc Language: E Before the Court: Case Management Conference Result of Hearing: Matter reserved held by way of Conference Call Duration per day: 03-APR-2017 from 14:01 to 14:16 Courtroom : Judge's Chambers - Halifax Court Registrar: Michael Kowalchuk Total Duration: 15min Appearances: David Raymond 2017-04- Amos (902)800-0369 representing on his own behalf Jan - Halifax 03 Jensen, Department of Justice (Halifax) (902)426-8177 representing Defendant Comments: Direction to issue that the motion (Doc.21) is premature and it will not proceed on April 10, 2017. Mr. Amos attended the Registry in Fredericton for the teleconference. DARS Z005151 was used to record this matter. Minutes of Hearing entered in Vol. 972 page(s) 187 - 191 Abstract of Hearing placed on file Oral directions received from the presiding judge dated 31-MAR-2017 directing that "Further to the letter from counsel for the Defendant, dated March 30, 2017, the Court will hold a teleconference with the parties on April 3, 2017, at 2:00pm, ADT, in order to address the issue of whether the Plaintiff's motion scheduled to be heard on 2017-03- - Halifax April 10, 2017 in Fredericton, NB, should be adjourned 31 sine die on the basis of prematurity or, in the alternative, whether it should be adjourned to another date given the unavailability of counsel for the Defendant on April 10 (2017). The teleconference will be for a maximum duration of 20 minutes." placed on file on 31-MAR-2017 Confirmed in writing to the party(ies) Letter from Defendant dated 30-MAR-2017 "I am counsel for the Defendant in respect of the above noted matter.... First the date of April 10, 2017 does not work for the Defendant because counsel has a work matter previously 2017-03- - Halifax scheduled....Secondly the Court ought to decline 30 jurisdiction to hear this motion in any event....We would be receptive to a teleconference with the Court and the Plaintiff if the matter of this motion might be resolved efficiently that way..." received on 30-MAR-2017 Affidavit of service of David Raymond Amos sworn on 14- 2017-03- MAR-2017 on behalf of Plaintiff confirming service of Doc 22 Fredericton 14 21 upon Defendant by Xpresspost on 14-MAR-2017 filed on 14-MAR-2017 Notice of Motion on behalf of Plaintiff returnable at 2017-03- General Sitting in Fredericton on 10-APR-2017 to begin at 21 Fredericton 14 09:30 duration: 2h language: E for Order affirming or denying a conflict of interest filed on 14-MAR-2017 Copy of Order dated 19-DEC-2016 rendered by The 2016-12- Honourable Mr. Justice Webb The Honourable Mr. Justice - Ottawa 19 Rennie The Honourable Mr. Justice de Montigny placed on file. Original filed on Court File No. A-48-16 Copy of Notice of Appeal (Appeal Court File No. A-48-16 ) 2016-02- appealing NOTICE OF CROSS APPEAL filed in Federal - Ottawa 25 Court of Appeal filed in the Court of Appeal on 12-FEB- 2016 on behalf of Plaintiff placed on file on 25-FEB-2016 Copy of Notice of Appeal (Appeal Court File No. A-48-16 ) 2016-02- appealing Order of Southcott, J. dated 25-JAN-2016 filed - Ottawa 16 in the Court of Appeal on 04-FEB-2016 on behalf of Plaintiff placed on file on 16-FEB-2016 Acknowledgment of Receipt received from Plaintiff and 2016-01- Defendant via fax transmission confirmation with respect - Toronto 25 to Order and Reasons dated 25-JAN-2016 placed on file on 25-JAN-2016 Certificate of Order certifying that the Court (Justice Southcott) on 25-JAN-2016 ordered at the end of his Order and Reasons as follows: "This Court Orders that: 1. the Plaintiff's appeal is allowed in part; 2. the Order of Prothonotary Morneau dated 12-NOV-2015 is set aside; 3. the claims for relief in the final paragraph of the Plaintiff's Statement of Claim are struck without leave to amend, with the exception of the claim for monetary relief for 2016-01- allegedly being barred by the RCMP from the New - Toronto 25 Brunswick legislature in 2004; 4. the Defendant is at liberty to present a motion, to be filed within 30 days of the date of this Order or any decision resulting from any appeal of this Order, arguing which specific paragraphs of the Statement of Claim should be struck in order to accord with my decision; 5. the time for the Defendant to file a Statement of Defence is extended to 30 days from the date of this Order, the date of any Order resulting from a motion by the Defendant arguing which specific paragraphs of the Statement of Claim should be struck in order to accord with my decision, and the date of any decision resulting from any appea of either such Order; and 6. No costs are awarded on this motion." placed on file on 25-JAN-2016 Reasons and Order dated 25-JAN-2016 rendered by The Honourable Mr. Justice Southcott Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 8 Result: granted in part 2. the Order of Prothonotary Morneau dated 12-NOV-2015 is set aside; 3. claims for relief in final paragraph of Plaintiff's Statement of claim are struck without leave to amend, ... 4. 2016-01- 20 Toronto Defendant is at liberty to present a motion, to be filed 25 within 30 days.. 5. time for Defendant to file a Statement of Defence is extended to 30 days... 6. No costs are awarde on this motion. **(see Reasons and Order for complete wording)** Filed on 25-JAN-2016 certified copies sent to parties Interlocutory Decision Copy of Reasons for Order entered in J. & O. Book, volume 1290 page(s) 470 - 484 Receipt for payment audio CD hearing Dec 14, 2015 and 2016-01- - Fredericton Jan 11, 2016. Req.by Roger Richard placed on file on 11- 11 JAN-2016 Receipt for payment copy audio CD recording hearing Jan 2016-01- - Fredericton 11, 2016. Requested by Plaintiff placed on file on 11-JAN- 11 2016 Fredericton 11-JAN-2016 BEFORE The Honourable Mr. Justice Southcott Language: E Before the Court: Motion Doc. No. 8 on behalf of Plaintiff Result of Hearing: Matter reserved held in Court Duration per day: 11-JAN-2016 from 09:31 to 10:47 Courtroom : Courtroom No. 1 - 2016-01- Fredericton Court Registrar: Michel Morneault Total - Fredericton 11 Duration: 1h16min Appearances: David Raymond Amos 902-800-0369 representing the Plaintiff on his own behalf Jill Chisholm 902-426-7570 representing Defendant Comments: DARS Z005130 was used for the recording of the hearing Minutes of Hearing entered in Vol. 943 page(s) 475 - 477 Abstract of Hearing placed on file Acknowledgment of Receipt received from all parties with 2015-12- - Ottawa respect to the Order of the Court rendered on December 23 14, 2015. (via fax) placed on file on 23-DEC-2015 19 2015-12- Fredericton Order dated 14-DEC-2015 rendered by The Honourable 23 Mr. Justice Bell Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 8 Result: Delivered orally from the Bench on December 14, 2015. As a result of my recusal, this Court orders that the Administrator of the Court schedule another date for the hearing of the motion. There is no order as to costs. Filed on 23-DEC-2015 entered in J. & O. Book, volume 1288 page(s) 428 - 430 Interlocutory Decision Correction to General Sitting concerning Motion Doc. No. 8 Hearing rescheduled from General Sitting at Fredericton 2015-12- on 14-DEC-2015 to General Sitting at Fredericton on 11- - Fredericton 23 JAN-2016 at 09:30 duration: 2h Language: E Reason for correction: The presiding Judge recused himself on 14- DEC-2015 sitting Receipt for payment CD audio recording of the hearing on 2015-12- - Fredericton 14-DEC-2015, req. by Plaintiff placed on file on 14-DEC- 14 2015 Fredericton 14-DEC-2015 BEFORE The Honourable Mr. Justice Bell Language: E Before the Court: Motion Doc. No. 8 on behalf of Plaintiff Result of Hearing: Matter adjourned sine die held in Court Duration per day: 14- DEC-2015 from 09:35 to 10:42 Courtroom : Courtroom No. 1 - Fredericton Court Registrar: Michel Morneault 2015-12- - Fredericton Total Duration: 1h07min Appearances: David Raymond 14 Amos 902-800-0369 representing on his own behalf Jill Chisholm 902-426-7570 representing Defendant Comments: Tascam Backup was used for the recording of the hearing. Plaintiff requested an audio CD of the hearing. Minutes of Hearing entered in Vol. 943 page(s) 46 - 47 Abstract of Hearing placed on file Solicitor's certificate of service on behalf of Jill Chisholm 2015-12- confirming service of the Defendant's Motion Record 17 Halifax 10 (Doc.16) upon Plaintiff by courier on 10-DEC-2015 filed on 10-DEC-2015 Motion Record in response to Motion Doc. No. 8 2015-12- containing the following original document(s): 14 15 16 Halifax 10 Number of copies received: 3 on behalf of Defendant filed on 10-DEC-2015 Written Representations contained within a Motion Record 2015-12- 15 Halifax on behalf of Defendant concerning Motion Doc. No. 8 filed 10 on 10-DEC-2015 Affidavit of Jill Thomson sworn on 10-DEC-2015 contained 2015-12- within a Motion Record on behalf of Defendant in 14 Halifax 10 opposition to Motion Doc. No. 8 with Exhibits 1 & 2 filed on 10-DEC-2015 Affidavit of service of David Raymond Amos sworn on 08- 2015-12- DEC-2015 on behalf of Plaintiff confirming service of 13 Fredericton 08 doc.12 (doc.8,10,11) upon Defendant by Priority next day mail on 08-DEC-2015 filed on 08-DEC-2015 Motion Record containing the following original 2015-12- 12 Fredericton document(s): 8 10 11 Number of copies received: 3 on 08 behalf of Plaintiff filed on 08-DEC-2015 Written Representations contained within a Motion Record 2015-12- 11 Fredericton on behalf of Plaintiff concerning Motion Doc. No. 8 filed on 08 08-DEC-2015 Affidavit of David Raymond Amos sworn on 08-DEC-2015 2015-12- contained within a Motion Record on behalf of Plaintiff in 10 Fredericton 08 support of Motion Doc. No. 8 with Exhibits A & B (Exhibit A is a CD) filed on 08-DEC-2015 Memorandum to file from Michel G. Morneault dated 23- NOV-2015 a copy of the Notice of Motion filed on 2015-11- - Fredericton November 20th, 2015 appealing the decision of Proth. 23 Morneau dated November 12th, 2015, sent to Mr. Morneau placed on file. Affidavit of service of David Raymond Amos sworn on 20- 2015-11- NOV-2015 on behalf of Plaintiff confirming service of doc.8 9 Fredericton 20 upon Defendant by mail on 20-NOV-2015 filed on 20- NOV-2015 Notice of Motion on behalf of Plaintiff returnable at General Sitting in Fredericton on 14-DEC-2015 to begin at 2015-11- 8 Fredericton 09:30 duration: 2h language: E for an appeal of the 20 decision of Richard Morneau, Esq., Prothonotary dated 12-NOV-2015 Doc. No. 6 filed on 20-NOV-2015 Letter sent by Registry on 19-NOV-2015 to Plaintiff 2015-11- providing a certified copy of the order dated 12-NOV-2015 - Ottawa 19 to the Plaintiff that had previously been faxed to him on 12-NOV-2015 and 19-NOV-2015 Copy placed on file. Confirmation of receipt by fax printout by the Plaintiff of the 2015-11- - Ottawa Order dated 12-NOV-2015 of Mr. Prothonotary Morneau 19 placed on file on 19-NOV-2015 - 2015-11- Montral Acknowledgment of Receipt received from parties with 12 respect to reception of order 6 placed on file on 12-NOV- 2015 Order dated 12-NOV-2015 rendered by Richard Morneau, Esq., Prothonotary Matter considered without personal 2015-11- appearance The Court's decision is with regard to Motion 6 Montral 12 in writing Doc. No. 2 Result: granted Filed on 12-NOV- 2015 copies sent to parties entered in J. & O. Book, volume 1283 page(s) 357 - 359 Interlocutory Decision Communication to the Court from the Registry dated 06- 2015-11- - Montral NOV-2015 re: Notice of Motion (doc. #2) + request for 06 direction Affidavit of service of David Raymond Amos sworn on 26- 2015-10- OCT-2015 on behalf of Plaintiff confirming service of doc.7 18 Fredericton 26 upon Defendant by mail on 26-OCT-2015 filed on 26- OCT-2015 Motion Record in response to Motion Doc. No. 2 Number 2015-10- 7 Montral of copies received: 1 on behalf of Plaintiff (filed as per 26 order 6; one copy only) filed on 26-OCT-2015 Solicitor's certificate of service on behalf of Jill Chisholm 2015-10- 5 St. John's confirming service of Doc 4 Motion Record upon Plaintiff 14 by Courier on 14-OCT-2015 filed on 14-OCT-2015 2015-10- Motion Record Number of copies received: 3 on behalf of 4 St. John's 14 Defendant filed on 14-OCT-2015 2015-10- Draft Order concerning Motion Doc. No. 2 received on 14- - St. John's 14 OCT-2015 Written Representations contained within a Motion Record 2015-10- 3 St. John's on behalf of Defendant concerning Motion Doc. No. 2 filed 14 on 14-OCT-2015 Notice of Motion contained within a Motion Record on behalf of Defendant in writing to be dealt with in the 2015-10- Montral local office for an Order purusant to Rules 2 St. John's 14 221(1)(a) and (c) to strike and an order pursuant to Rule 8 extention of time to serve and file Defence. filed on 14- OCT-2015 Draft Order\\Judgment received. 2015-09- Letter sent by Registry on 16-SEP-2015 to DOJ Halifax - Fredericton 16 R.133 service letter Copy placed on file. Statement of Claim and 2 cc's filed on 16-SEP-2015 2015-09- 1 Fredericton Certified copy(ies)/copy(ies) transmitted to Director of the 16 Regional Office of the Department of Justice Section 48 - $2.00