Fortier 2000 Ltée. v. Matiere

Fortier 2000 Ltée. v. Matiere

The judge dismissed the motion to overrule the prothonotary because, applying the standard from Canada v. Aqua-Gem, the prothonotary's refusal to strike paragraphs and to order particulars was not clearly wrong and did not concern issues vital to the final determination; therefore intervention was unjustified.

Citation
2001 FCT 1092
Parties
Plaintiff/applicant: FORTIER 2000 LTÉE; Defendant/respondent: MARCEL MATIÈRE; Plaintiff by Counterclaim: MARCEL MATIÈRE; Plaintiff by Counterclaim: BÉTON PROVINCIAL LTÉE; Defendant by Counterclaim: FORTIER 2000 LTÉE
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 October 2001
Procedural Posture
Civil / Interlocutory Motion to Overrule Prothonotary Decision
Outcome
Motion to overrule the prothonotary dismissed; appeal not allowed; defendant awarded costs; plaintiff granted time to serve and file reply and defence to counterclaim by October 15, 2001.
Legal Topics
Striking Pleadings, Particulars, Standard of Review (clearly Wrong), Prothonotary Decisions
Source Language
English
Civil Procedure Court Discretion Costs Striking Pleadings Particulars Standard of Review (clearly Wrong) Prothonotary Decisions

Case Brief

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Parties

FORTIER 2000 LTÉE

Plaintiff/applicant

MARCEL MATIÈRE

Defendant/respondent

MARCEL MATIÈRE

Plaintiff by Counterclaim

BÉTON PROVINCIAL LTÉE

Plaintiff by Counterclaim

FORTIER 2000 LTÉE

Defendant by Counterclaim

Procedural Posture

Civil / Interlocutory Motion to Overrule Prothonotary Decision

Legal Issues

  1. 1 Whether the prothonotary erred in refusing to strike certain paragraphs of the statement of defence and counterclaim
  2. 2 Whether the prothonotary should have ordered particulars of the defence
  3. 3 Appropriate standard of review of a prothonotary's interlocutory decision

Ratio Decidendi

The judge dismissed the motion to overrule the prothonotary because, applying the standard from Canada v. Aqua-Gem, the prothonotary's refusal to strike paragraphs and to order particulars was not clearly wrong and did not concern issues vital to the final determination; therefore intervention was unjustified.

Court Disposition

Motion to overrule the prothonotary dismissed; appeal not allowed; defendant awarded costs; plaintiff granted time to serve and file reply and defence to counterclaim by October 15, 2001.

Orders

  • Motion dismissed
  • Appeal of Prothonotary's decision dismissed