Deigan v. Canada (Attorney General)
The Court exercised its procedural discretion: it granted leave to file a memorandum of fact and law but limited it to 35 pages (not the 45 requested) given the appellant was self-represented; it dismissed the motion to include the appellant's affidavit as part of the appeal case; it allowed inclusion of Strayer...
Source-derived case information.
- Citation
- 2001 FCA 246
- Parties
- Appellant: Russell Deigan; Respondent: Attorney General of Canada (Industry Canada)
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 31 July 2001
- Procedural Posture
- Appeal / Pre Hearing Procedural Motions Concerning Contents of Appeal Book and Memorandum of Fact and Law
- Outcome
- Motions partly granted and partly dismissed
- Legal Topics
- Appeal Book Contents, Memorandum of Fact and Law Page Limits, Leave to Add Materials to Appeal Case, Inclusion of Affidavit in Appeal Record, Compliance With Federal Court Rules, Costs in Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Russell Deigan
Appellant
Attorney General of Canada (Industry Canada)
Respondent
Procedural Posture
Appeal / Pre Hearing Procedural Motions Concerning Contents of Appeal Book and Memorandum of Fact and Law
Legal Issues
- 1 Whether the appellant may file a memorandum of fact and law exceeding the page limit in Rule 70(4)
- 2 Whether the appellant's affidavit may be included in the appeal case
- 3 Whether certain background materials and judicial reasons may be included in the appeal book
Ratio Decidendi
The Court exercised its procedural discretion: it granted leave to file a memorandum of fact and law but limited it to 35 pages (not the 45 requested) given the appellant was self-represented; it dismissed the motion to include the appellant's affidavit as part of the appeal case; it allowed inclusion of Strayer J.A.'s reasons and the respondent's counsel letter dated 14 March 2001; it ordered the time limit for filing the appeal books and memorandum to run from the date this order is communicated; and it required compliance with Rule 343 and inclusion of specified items from the respondent's motion record; costs of the motions were fixed as costs in the appeal.
Court Disposition
Motions partly granted and partly dismissed
Orders
- Leave granted to serve and file a memorandum of fact and law not exceeding 35 pages
- Time limit for filing the appeal books and memorandum of fact and law runs from the date this order is communicated to the parties
Full Case Text
Judgment text and source record
1 paragraphs
Deigan v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-07-31 Neutral citation 2001 FCA 246 File numbers A-240-01 Decision Content Date: 20010731 Docket: A-240-01 Neutral citation: 2001 FCA 246 OTTAWA, ONTARIO, TUESDAY, THIS 31ST DAY OF JULY, 2001 PRESENT: THE HONOURABLE MR. JUSTICE ISAAC BETWEEN: RUSSELL DEIGAN Appellant - and - ATTORNEY GENERAL OF CANADA (Industry Canada) Respondent ORDER AND REASONS FOR ORDER 1. These are respectively a motion by the appellant to have the Court determine the contents of the appeal book and a motion by the appellant to add to the contents of the appeal case. In the latter motion, the appellant seeks, as well, leave to file a memorandum of fact and law not exceeding 45 pages in length and an order that the time limit for filing the appeal book and memorandum of fact and law does not begin to run until this second motion has been disposed of. 2. In so far as the appellant seeks leave to file a memorandum of fact and law containing pages in excess of the number prescribed by Rule 70(4) of the Federal Court Rules, 1998, I am not inclined to allow 45 pages. However, given the fact that the appellant is self-represented, leave is granted to allow the appellant to serve and file a memorandum of fact and law not exceeding 35 pages. Much of the background materials that the appellant wishes the Court to consider are, in my opinion, irrelevant to the issues of the appeal. 3. The time limit for filing the appeal books and memorandum of fact and law will run from the date in which this order is communicated to the parties. 4. The appellant's affidavit may not form part of the appeal case and the motion to include it as part of the case on appeal is dismissed. 5. The respondent not objecting to their inclusion, the reasons for order of Strayer J.A. may be included as part of the appeal case, together with the letter of the respondent's counsel to the appellant, dated 14 March, 2001. 6. In preparing the appeal books, the appellant shall comply with Rule 343 of the Federal Court Rules, 1998. In addition to the materials mentioned in that Rule and the materials for which leave is granted to add to the appeal case, the contents of the appeal books shall be as listed in paragraphs 11(i) - (viii) and 13(i) - (viii) of the respondent's motion record in the first appendix, and shall include a copy of this order. 7. The cost of these motions shall be costs in the appeal. "Julius A. Isaac" _______________________________ J.A.