Condo v. Canada
- Citation
- 2016 FC 928
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Federal Court
- Decision
- 12 August 2016
- Posture
- Federal Court Action / Status Review/motion to Dismiss for Delay (rule 369)
- Language
- English
More details
- Court
- Federal Court
- Decision
- 12 August 2016
- Posture
- Federal Court Action / Status Review/motion to Dismiss for Delay (rule 369)
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The action was dismissed because the plaintiff failed to respond to an interim notice of status review within the prescribed time, warranting dismissal under Rule 369 of the Federal Courts Rules.
Court disposition
Action dismissed for delay
Orders
- This action be and it is hereby dismissed for delay.
02
Material facts
Parties
Richard Condo
Plaintiff Counsel: Diane Condo; Condo Law OfficeHer Majesty the Queen
Defendant Counsel: Toni Abi-Nasr; Veronique Forest; William F. Pentney03
Procedural history
Posture
Federal Court Action / Status Review/motion to Dismiss for Delay (rule 369)
04
Questions and positions
Legal issues
- 01
Whether the action should be dismissed for delay
- 02
Whether the plaintiff's failure to respond to an interim notice of status review justifies dismissal under Rule 369
Party arguments
- Applicant
- Plaintiff did not file any response to the interim notice of status review within the time limit and therefore did not advance arguments against dismissal.
- Respondent
- Defendant sought dismissal for delay under Rule 369 due to the plaintiff's failure to respond to the interim notice of status review.
05
Court’s reasoning
Legal principles
- 01
Federal Courts Rules, Rule 369
Court may dismiss an action for delay.
- 02
Federal Court case management practice/Federal Courts Rules
Failure to respond to an interim notice of status review permits dismissal for delay.
06
Ratio, limits and disposition
Ratio decidendi
The action was dismissed because the plaintiff failed to respond to an interim notice of status review within the prescribed time, warranting dismissal under Rule 369 of the Federal Courts Rules.
Court disposition
Action dismissed for delay
- This action be and it is hereby dismissed for delay.
Source and reliance status
Federal Court · 12 August 2016
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Judgment reading view
Judgment text
The complete available source text.
Federal Court
Judgment· 12 August 2016
Condo v. Canada Court (s) Database Federal Court Decisions Date 2016-08-12 Neutral citation 2016 FC 928 File numbers T-1611-14 Decision Content Date: 20160812 Docket: T-1611-14 Citation: 2016 FC 928 Ottawa, Ontario, August 12, 2016 PRESENT: Case Management Judge Mireille Tabib BETWEEN:
RICHARD CONDO Plaintiff and
HER MAJESTY THE QUEEN Defendant
JUDGMENT AND REASONS [1] The Plaintiff having been served with an interim notice of status review requiring him to state the reasons why this action should not be dismissed for delay and the Plaintiff having failed to respond to the said notice within the time limited for so doing.
JUDGMENT THIS COURT’S JUDGMENT is that: 1. This action be and it is hereby dismissed for delay. "Mireille Tabib" Prothonotary
FEDERAL COURT
SOLICITORS OF RECORD DOCKET: T-1611-14 STYLE OF CAUSE: RICHARD CONDO v HER MAJESTY THE QUEEN MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO, PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES. JUDGMENT AND REASONS: TABIB P. DATED: August 12, 2016 WRITTEN REPRESENTATIONS BY:
DIANE CONDO For The Plaintiff TONI ABI-NASR
VERONIQUE FOREST For The Defendant SOLICITORS OF RECORD:
CONDO LAW OFFICE Barrister and Solicitor Ottawa, Ontario For The Plaintiff William F. Pentney Deputy Attorney General of Canada Montréal, Quebec For The Defendant
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