Date: 20161219

Docket: A-48-16

Ottawa, Ontario, December 19, 2016

CORAM:

WEBB J.A.
RENNIE J.A.
DE MONTIGNY J.A.

BETWEEN:
DAVID RAYMOND AMOS
Appellant
and
HER MAJESTY THE QUEEN
Respondent

ORDER

WHEREAS the Appellant had filed a Statement of Claim in the Federal Court;

AND WHEREAS, as noted by Southcott J. (the Federal Court Judge) in his Order and
Reasons dated January 25, 2016 (2016 FC 93), this Statement of Claim was struck by
Prothonotary Morneau by an Order dated November 12, 2015 on the basis that it disclosed no
cause of action and was vexatious;

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AND WHEREAS the Federal Court Judge heard the appeal from the Order of the
Prothonotary on a de novo basis;

AND WHEREAS the Federal Court Judge allowed the appeal in part and provided in
paragraph 3 of his Order that:
The claims for relief in the final paragraph of the Plaintiffs Statement of
Claim are struck without leave to amend, with the exception of the claim for
monetary relief for allegedly being barred by the RCMP from the New
Brunswick legislature in 2004;
AND WHEREAS the Appellant filed a Notice of Appeal and the Respondent filed a
Notice of Cross-Appeal from the Order of the Federal Court Judge;
AND WHEREAS by an Order of this Court dated May 12, 2016, the Appellants request
for an oral hearing of an undated and unsigned Notice of Motion was denied and this Order also
provided that:

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;

Page: 3
AND WHEREAS the Appellant then brought a motion for a case management order, an
order requiring the Administrator to prepare the appeal book and an order to determine the
contents of the appeal book;

AND WHEREAS by an Order dated July 4, 2016 the contents of the appeal book were
settled and the Appellant was ordered to file the appeal book within 60 days and the request for
case management was denied;

AND WHEREAS the appeal book was filed on August 11, 2016;

AND WHEREAS Rule 346(1) of the Federal Courts Rules, SOR/98-106, provides that:

Within 30 days after filing an appeal book, the appellant shall serve and file a
memorandum of fact and law;
AND WHEREAS the Appellant has not filed a memorandum of fact and law;

AND WHEREAS a Notice of Status Review was issued on October 17, 2016 requiring
the Appellant to serve and file, within 30 days, representations stating the reasons why the appeal
should not be dismissed for delay and to provide a proposed timetable for the completion of the
remaining steps;

AND WHEREAS the Appellant on November 21, 2016 submitted his response, which
focused on events that occurred prior to August 11, 2016 and did not address the issue of why his
memorandum of fact and law was not filed within 30 days after August 11, 2016 nor is there any
indication of when the Appellant would be proposing to file his memorandum of fact and law;

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AND WHEREAS in the Order dated May 12, 2016 it was noted that the prescriptions of
the Rules were to be followed and failing to do so could result in his appeal being dismissed;

AND WHEREAS one such prescription is that the memorandum of fact and law is to be
served and filed within 30 days after the appeal book has been filed;
NOW THEREFORE THIS COURT ORDERS that the Appellants appeal is
dismissed and the Respondents memorandum of fact and law in respect of the cross-appeal shall
be served and filed on or before January 31, 2017.

Wyman W. Webb
J.A.
DJR
YdM