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Recorded entry(ies) for A-48-16

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Court number information

Court Number : A-48-16

Style of Cause : DAVID RAYMOND AMOS v. HER MAJESTY THE QUEEN

Proceeding Category : Appeals Nature : Appeal (S.27 - Interloc.) - Others

Type of Action : Non-Action

81 records found for court number A-48-16

Doc Date Filed Office Recorded Entry Summary

Communication from Registry to Judicial Administrator dated 19-

- 2017-07-19 Ottawa JUL-2017 re: forwarding the parties' submissions in response to the
Court's direction dated June 8, 2017.

Affidavit of David Raymond Amos on behalf of the appellant sworn

39 2017-07-14 Fredericton on 14-JUL-2017 confirming service of doc.38 on the respondent by
Xpresspost on 14-JUL-2017 filed on 14-JUL-2017

Written submissions on behalf of the appellant in reply to doc.34

38 2017-07-14 Fredericton
filed on 14-JUL-2017

Acknowledgment of Receipt received from the Appellant by email

- 2017-07-10 Ottawa and the Respondent by fax with respect to the Directions dated July
7, 2017 placed on file on 10-JUL-2017

Written directions of the Court: The Honourable Mr. Justice Webb

dated 07-JUL-2017 directing "Mr. Amos' summary received on June
- 2017-07-10 Ottawa 26, 2017 in response to the Direction of the Court of June 8, 2017 is
to be accepted for filing." received on 10-JUL-2017 Confirmed in
writing to the party(ies)

Memorandum to file from Catharine M. Wilson dated 10-JUL-2017

On June 26, 2017 the Registry received further written submissions
from the Appellant/Respondent on Cross-Appeal on the issue of
conflict of interest as per the direction of Webb, JA dated June 8,
- 2017-07-10 Fredericton 2017. The direction allowed for a summary of the issue, not to
exceed 5 pages and any additional documents relevant to the
issue, to be submitted on or before June 23, 2017. I sent the
Appellant's summary/further submissions to the Court for direction
with respect to the document being submitted late, and that it
 exceeded 5 pages. I now realize that the direction of Webb, JA,
provided for "any additional documents that are relevant to the
issue" and that the Appellant's document did not in fact exceed the
number of pages. We await the direction of the Court with respect
to the lateness. The Court has been informed of my error. placed on
file.

Solicitor's certificate of service on behalf of Jan Jensen confirming

service of Respondent's Written Submissions (Doc.34) upon
35 2017-07-06 Halifax
Appellant by facsimile and courier on 05-JUL-2017 filed on 06-JUL-
2017

Written submissions on behalf of the respondent further to Direction

34 2017-07-06 Halifax
of the Court dated June 8, 2017 filed on 06-JUL-2017

Communication from Registry to Judicial Administrator dated 05-

- 2017-07-05 Ottawa JUL-2017 re: for direction regarding documents received from the
appellant on June 26, 2017

Affidavit of David Raymond Amos on behalf of the appellant sworn

37 2017-06-26 Fredericton on 26-JUN-2017 confirming service of doc.36 on the respondent by
Xpresspost on 26-JUN-2017 filed on 26-JUN-2017

Written representations on behalf of the appellant in response to the

36 2017-06-26 Ottawa
Direction of the Court dated June 8, 2017, filed on 26-JUN-2017

Memorandum to file from Catharine M. Wilson dated 26-JUN-2017

On June 26, 2017, the Appellant/Respondent on Cross-Appeal
submitted a post hearing brief per the direction of Webb, J.A., dated
- 2017-06-26 Fredericton
08-JUN-2017, which is being sent to the FCA for direction as the
document was submitted late and exceeds the number of pages.
placed on file.

Acknowledgment of Receipt received from both parties by email

- 2017-06-08 Ottawa with respect to the Directions dated June 8, 2017 placed on file on
08-JUN-2017

Written directions of the Court: The Honourable Mr. Justice Webb

dated 08-JUN-2017 directing "Please advise the parties that Mr.
Amos has the right to submit a brief summary (not to exceed 5
pages) to explain the exact conflict that, in his view, arises in this
- 2017-06-08 Ottawa matter with any of the judges assigned to this appeal and to submit
any additional documents that are relevant to this issue. This
summary and documents are to be submitted on or before June 23,
2017. [...]" received on 08-JUN-2017 Confirmed in writing to the
party(ies)

Letter from the respondent to Appellant, provided by Appellant

(copy of the letter) dated 26-MAY-2017 The Respondent mentions
- 2017-05-26 Fredericton
they want communication from Appellant in written letters by mail
only, from now on. received on 26-MAY-2017

Request received from MR. Roger Richard for CD audio of the

- 2017-05-24 Fredericton
hearing on 24-MAY-2017. Tarriff: $15 paid placed on file on 24-
 MAY-2017

Request received from Appellant for CD audio of the hearing on 24-

- 2017-05-24 Fredericton MAY-2017 for transcript. Tarriff: $15 paid placed on file on 24-MAY-
2017

This matter comes on for hearing on 24-MAY-2017 at Fredericton

before The Honourable Mr. Justice Webb The Honourable Mr.
Justice Near The Honourable Madam Justice Gleason
Appearances: David Raymond Amos (self-litigant) 902-800-0369 for
the appellant Jan Jensen 902-426-8177 for the respondent
Language of Hearing: E Court Usher: Jason Kennedy Duration: on
- 2017-05-24 Fredericton
24-MAY-2017 from 14:03 to 15:58 Courtroom : Courtroom No. 1 -
Fredericton Court Registrar Michel Morneault Total duration:
1h55min Before the Court: Cross-appeal Result: reserved
Comments: DARS Z005130 was used for the recording of the
hearing Minutes of Hearing entered in Vol. 222 page(s) 411 - 413
Abstract of Hearing placed on file

Affidavit of David Raymond Amos on behalf of

Appellant/Respondent on cross-appeal sworn on 24-APR-2017
33 2017-04-24 Fredericton
confirming service of doc.32 on Respondent/Appellant on cross-
appeal by Xpresspost on 24-APR-2017 filed on 24-APR-2017

Book of Authorities with copy on DVD consisting of 1 volume(s) on

behalf of Appellant/Respondent on cross-appeal Filed on 24-APR-
32 2017-04-24 Fredericton
2017 3 copy(ies) for the Court stored in Ottawa One copy placed in
Annex

Solicitor's certificate of service on behalf of Jan Jensen confirming

31 2017-04-20 Halifax service of doc #30 upon Appellant by courier on 20-APR-2017 filed
on 20-APR-2017

Book of Authorities consisting of 1 volume(s) on behalf of HMQ

30 2017-04-20 Halifax (cross-appeal) Filed on 20-APR-2017 3 copy(ies) for the Court
stored in Ottawa

Letter from Appellant/Respondent on cross-appeal dated 12-APR-

2017 Fax from the Respondent/Appellant on cross-appeal to the
- 2017-04-19 Fredericton Appellant/ Respondent on cross-appeal about not reaching an
agreement on the contents of a joint book of authorities. received
on 19-APR-2017

Covering letter from Respondent dated 12-APR-2017 concerning

- 2017-04-13 Ottawa the enclosed DVD containing the Respondent's Memorandum of
Fact and Law placed on file on 13-APR-2017

Communication by email between parties concerning the Joint Book

- 2017-04-12 Fredericton
of Authorities, received by the Appellant received on 12-APR-2017

Acknowledgements of receipt of an electronic copy of the hearing

- 2017-04-04 Ottawa date order, e-mailed to: Mr. Jensen (for the Cross-Appellant) and to
Mr. Amos (the Cross-Respondent) placed on file on 04-APR-2017
 Order (time and place) dated 30-MAR-2017 rendered by S. Bazinet,
Judicial Administrator and signed by Judicial Administrator fixing the
Cross-Appeal to be heard at Special Sitting in Fredericton on 24-
29 2017-03-31 Ottawa
MAY-2017 to begin at 14:00 Filed on 31-MAR-2017 cc's sent to
parties entered in J. & O. Book, volume 298 page(s) 409 - 409
Transmittal letters placed on file

Communication from Registry to Judicial Administrator dated 22-

- 2017-03-22 Ottawa
MAR-2017 re: setting the Hearing date

Solicitor's certificate of service on behalf of Jan Jensen confirming

service of Requisition for Hearing upon Appellant (Respondent by
28 2017-03-13 Halifax
Cross-Appeal) by facsimile and courier on 13-MAR-2017 filed on
13-MAR-2017

Requisition for hearing - Appeal from Respondent (Appellant on

27 2017-03-13 Halifax
Cross-Appeal) filed on 13-MAR-2017

Letter from the appellant dated 08-MAR-2017 Email received from

- 2017-03-08 Fredericton Appellant in regards of the Communication to the Court in response
to the registry received on 08-MAR-2017

Memorandum to file from Michel G. Morneault dated 07-MAR-2017

According to the Appellant/Respondent on Cross-appeal after
discussion, he received the doc.23 from Appellant on Cross-Appeal
- 2017-03-07 Fredericton
on 2-FEB-2017. He said the fax copy sent to him prior was
incomplete and received the hard copy on 2-FEB-2017. placed on
file.

Affidavit of David Raymond Amos on behalf of

Appellant/Respondent on Cross-Appeal sworn on 07-MAR-2017
26 2017-03-07 Fredericton
confirming service of doc.25 on Respondent/Appellant on Cross-
Appeal by Xpresspost on 06-MAR-2017 filed on 07-MAR-2017

Memorandum of fact and law on behalf of Appellant/Respondent on

25 2017-03-06 Fredericton Cross-Appeal filed on 06-MAR-2017 3 judges' copies stored in
Ottawa

Memorandum to file from Adam Young, Halifax dated 02-FEB-2017

further to Crown Counsel's letter dated 02-FEB-2017 the recorded
- 2017-02-02 Halifax entry for the R's Memo of F&L(Doc 23) was amended to reflect that
it was on behalf of the Respondent(APPELLANT ON CROSS-
APPEAL) placed on file.

Letter from Jan Jensen, Responsdent on main appeal (Appellant on

cross-appeal) dated 02-FEB-2017 providing clarification as to the
- 2017-02-02 Halifax
Respondent's Memo of Fact and law filed on 30-JAN-2017 (Doc 23)
received on 02-FEB-2017

Solicitor's certificate of service on behalf of Jan Jensen confirming

24 2017-01-30 Halifax service of Doc. 23 upon Appellant by telecopier on 30-JAN-2017
filed on 30-JAN-2017
 Memorandum of fact and law on behalf of the respondent
(appellant)on cross-appeal as per order of Webb, JA dated 19-
23 2017-01-30 Halifax
DEC-17 (doc.20) filed on 30-JAN-2017 3 judges' copies stored in
Ottawa

Memorandum to file from the Registry of the FCA dated 20-DEC-

2016 transmitting a copy of the Order dated December 19, 2016 to
- 2016-12-20 Ottawa
Justice Southcott, Prothonotary Morneau and the Actions section of
the FC. placed on file.

Acknowledgment of Receipt received from both parties (by email)

- 2016-12-20 Ottawa with respect to the Order of the Court dated December 19, 2016
placed on file on 20-DEC-2016

Order dated 19-DEC-2016 rendered by The Honourable Mr. Justice

Webb The Honourable Mr. Justice Rennie The Honourable Mr.
Justice de Montigny Matter considered without personal
appearance The Court's decision is with regard to Status Review
20 2016-12-20 Ottawa Result: dismissed "...the Appellant's appeal is dismissed and the
Respondent's memorandum of fact and law in respect of the cross-
appeal shall be served and filed on or before January 31, 2017."
Filed on 20-DEC-2016 entered in J. & O. Book, volume 297 page(s)
381 - 384

Communication from Registry to Judicial Administrator dated 15-

DEC-2016 re: seeking the Court's Direction regarding the filing of
- 2016-12-15 Ottawa
the Appellant's Rule 382.3(1) submissions and response to the
Status Review.

Solicitor's certificate of service on behalf of Jan Jensen confirming

19 2016-12-01 Halifax service of doc #18 upon Appellant by telecopier on 30-NOV-2016
filed on 01-DEC-2016

Submissions (Rule 380) on behalf of Respondent filed on 01-DEC-

18 2016-12-01 Halifax
2016

Memorandum to file from Elizabeth Caverly, Director, dated 01-

DEC-2016 The HFX Registry in receipt of the Respondent's R.380
subs in response to the Appellant's R.380 subs, which were sent to
- 2016-12-01 Halifax
Court for Directions re: filing. The Court has not yet issued
Directions regarding their filing. The Respondent indicated they
were served with the A's subs on 25-NOV-2016. placed on file.

Affidavit of David Raymond Amos on behalf of the appellant sworn

22 2016-11-21 Fredericton on 21-NOV-2016 confirming service of doc.21 on the respondent by
priority mail on 21-NOV-2016 filed on 21-NOV-2016

Submissions (Rule 380) on behalf of Appellant filed on 21-NOV-

21 2016-11-21 Ottawa
2016

Memorandum to file from Michel G. Morneault dated 21-NOV-2016

Today, I received the Response by the Appellant to the Notice of
- 2016-11-21 Fredericton
Status Review with proof of service under the Order issued by
Justice Pelletier on 17-OCT-2016. It seems the document is late
 according to the time limit specified in R.382.3(1). Document sent to
Court for directions. placed on file.

Acknowledgment of Receipt received from Appellant with respect to

- 2016-10-18 Ottawa
document 17. placed on file on 18-OCT-2016

Acknowledgment of Receipt received from Respondent with respect

- 2016-10-17 Ottawa to the Notice of Status Review filed 17-OCT-2016. placed on file on
17-OCT-2016

Notice of Status Review by The Honourable Mr. Justice Pelletier to

the parties and their solicitors requiring the Appellant to show cause
17 2016-10-17 Ottawa
by written submissions why this appeal should not be dismissed for
delay Filed on 17-OCT-2016 cc's sent to parties

Communication from Registry to Judicial Administrator dated 13-

- 2016-10-13 Ottawa
OCT-2016 re: Status Review to be issued

Affidavit of David Raymond Amos on behalf of the appellant sworn

16 2016-08-11 Fredericton on 11-AUG-2016 confirming service of Doc. 15 on the respondent
by mail on 10-AUG-2016 filed on 11-AUG-2016

Appeal Book consisting of 1 volume(s) prepared by the appellant

15 2016-08-11 Fredericton
filed on 11-AUG-2016 3 judges' copies stored in Ottawa

Acknowledgment of Receipt received from all parties by way of

- 2016-07-06 Ottawa reply e-mail with respect to Order of the Court (Stratas J.A.) dated
4-JUL-2016 placed on file on 06-JUL-2016

Order dated 04-JUL-2016 rendered by The Honourable Mr. Justice

Stratas Matter considered without personal appearance The Court's
decision is with regard to the motion / document number 7 Result:
14 2016-07-05 Ottawa dismissed Appellant to prepare Appeal within 60 days of present
Order Filed on 05-JUL-2016 copies sent to parties Transmittal
Letters placed on file. entered in J. & O. Book, volume 295 page(s)
353 - 354

Memorandum to file from Michel G. Morneault dated 29-JUN-2016

- 2016-06-29 Fredericton The Appellant advised me today over the phone that he will not file
a Reply to the Motion in response to Motion doc.7 placed on file.

Communication from Registry to Judicial Administrator dated 29-

- 2016-06-29 Ottawa JUN-2016 re: for direction regarding appellant's letter dated May 25,
2016 and motion doc. 7

Solicitor's certificate of service on behalf of Jan Jensen confirming

13 2016-06-20 Halifax service of Motion Record (Doc. 12) upon Appellant by courier on
20-JUN-2016 filed on 20-JUN-2016

Motion Record in response to Motion Doc. No. 7 containing the

12 2016-06-20 Halifax following original document(s): 11 Number of copies received: 3 on
behalf of Respondent filed on 20-JUN-2016
 Written submissions contained within a Motion Record on behalf of
11 2016-06-20 Halifax
the respondent in opposition to motion doc. 7 filed on 20-JUN-2016

Affidavit of David Raymond Amos on behalf of the appellant sworn

10 2016-06-10 Fredericton on 10-JUN-2016 confirming service of doc.9(doc.7,8,id18) on the
respondent by priority mail on 10-JUN-2016 filed on 10-JUN-2016

Motion Record containing the following original document(s): 7 8

9 2016-06-10 Fredericton Number of copies received: 3 on behalf of Appellant filed on 10-
JUN-2016

Draft Order concerning the motion / document number doc.7

- 2016-06-10 Fredericton
received on 10-JUN-2016

Written representations contained within a Motion Record on behalf

8 2016-06-10 Fredericton
of the appellant in support of doc.7 filed on 10-JUN-2016

Notice of motion contained within a Motion Record on behalf of the

7 2016-06-10 Fredericton appellant to determine content of appeal book in writing filed on 10-
JUN-2016 DRAFT ORDER received

Affidavit of David Raymond Amos on behalf of the appellant sworn

6 2016-05-26 Fredericton on 26-MAY-2016 confirming service of doc.5 on the respondent by
priority mail on 26-MAY-2016 filed on 26-MAY-2016

Letter from the appellant dated 25-MAY-2016 Letter of proposal of

5 2016-05-26 Fredericton the content of the Appeal book as per Order dated 12-MAY-2016 by
Justice Trudel filed on 26-MAY-2016

Acknowledgment of Receipt received from both parties (by email)

- 2016-05-13 Ottawa with respect to the Order of the Court dated May 12, 2016 placed
on file on 13-MAY-2016

Order dated 12-MAY-2016 rendered by The Honourable Madam

Justice Trudel Matter considered without personal appearance The
Court's decision is with regard to Letter from Appellant dated 27-
APR-2016 re: requesting an oral hearing of his Motion Result:
dismissed The Court's decision is with regard to Letter from
Respondent dated 05-MAY-2016 requesting that this Appeal be
case managed Result: dismissed "... The appellant shall, in the next
4 2016-05-13 Ottawa
10 days serve and file his proposal as to teh contents of the Appeal
Book unless he agrees with the respondent's proposal contained in
a letter dated March 3, 2016; if the parties disagree, the appellant
shall serve and file a proper Notice of Motion under Rule 369 to
request that the Court determine teh contents of the Appeal
Book....." Filed on 13-MAY-2016 entered in J. & O. Book, volume
295 page(s) 29 - 31

Communication from Registry to Judicial Administrator dated 11-

MAY-2016 re: forwarding the Appellant's letter dated April 27, 2016,
- 2016-05-11 Ottawa
and the Respondent's letter dated May 5, 2016, for the Court's
consideration.
 Letter from the respondent dated 05-MAY-2016 "....The
Respondent requests that this appeal be case managed. ....We
anticipate that, without case management, there will be
- 2016-05-05 Halifax
considerable procedural difficulties that will prevent the Appeal from
proceeding in the most expeditious and least expensive manner."
received on 05-MAY-2016

Letter from the appellant dated 27-APR-2016 Informal request letter

- 2016-04-27 Fredericton R.35 for oral motion. Attached to the letter, a draft notice of motion
received on 27-APR-2016

Copy of a fascimile of a letter from the Respondent to the Appellant

discussing the content of an Appeal book and the requirements of
- 2016-03-08 Fredericton the Respondent concerning the agreement of the Appeal book
dated 03-MAR-2016 received on 08-MAR-2016 by email from
Appellant

Copy of a letter from the Respondent to the Appellant dated

February 24, 2016 discussing about the appeal and cross-appeal
- 2016-03-01 Fredericton
placed on file on 01-MAR-2016 Original placed on Court File No. A-
48-16

Memorandum to file from the Registry of the FCA dated 18-FEB-

2016 transmitting a copy of the Notice of Cross-Appeal to Justice
- 2016-02-18 Ottawa
Southcott, Prothonotary Morneau and the Actions section of the FC.
placed on file.

Solicitor's certificate of service on behalf of Jan Jensen confirming

3 2016-02-12 Halifax service of Notice of Cross-Appeal upon Appellant by courier on 12-
FEB-2016 filed on 12-FEB-2016

Notice of cross-appeal on behalf of the respondent against a

2 2016-02-12 Halifax decision of Southcott, J. dated January 25, 2016 filed on 12-FEB-
2016

Memorandum to file from the FCA Registry dated 09-FEB-2016

transmitting a copy of doc 1. to Justice Southcott, Prothonotary
- 2016-02-09 Ottawa
Morneau, and the actions section of the Federal Court. placed on
file.

Letter sent by Registry on 04-FEB-2016 to the respondent R.133

- 2016-02-04 Fredericton
service letter Copy placed on file.

Notice of Appeal and 2 copies filed on 04-FEB-2016 against a

decision of Justice Southcott dated January 25th, 2016 Certified
1 2016-02-04 Fredericton
copy(ies)/copy(ies) transmitted to Director of the Regional Office of
the Department of Justice Tariff fee of $50.00 received: yes

The last database update occurred on 2017-10-30 22:16