From: doctor@doctor.nl2k.ab.ca
John KingofthePaupers Turmel wrote:
: JCT: On February 6, 2023, the Crown asked to have my appeal
: treated as a specially managed appeal:
: Department of Justice
: Ontario Regional Office
: National Litigation Sector
: 120 Adelaide Street West Suite #400
: Toronto, ON M5H 1T1
: Telephone/Tiliphone: 647-256-7473
: Fax/Tilicopieur: 416-973-0809
: Email/Courriel: Jon.Bricker@justice.gc.ca
: February 6, 2023
: VIA ELECTRONIC FILING
: Federal Court of Appeal
: 180 Queen Street West
: Toronto, Ontario M5V 1Z4
: FCARegistry-CAFGreffe@cas-satj.gc.ca
: CR: Dear Registry,
: Re: John Turmel v Her Majesty the Queen, File No. A-265-22
: I am writing on behalf of the respondent, the Attorney
: General of Canada (incorrectly named as "Her Majesty the
: Queen," and hereinafter referred to as "Canada"), to request
: that the above noted appeal continue as a specially managed
: proceeding pursuant to Rule 384 of the Federal Courts Rules.
: Canada intends to bring a motion in the course of this
: appeal for an order under s. 40 of the Federal Courts Act
: declaring the appellant, John Turmel, a vexatious litigant
: in the Federal Court of Appeal, and for other consequential
: relief.
: JCT: So do they want this appeal to be barred?
: CR: Canada intends to seek procedural directions or orders
: concerning this motion, including directions or orders
: concerning the evidence to be used, the format of written
: representations, the hearing of this motion, and the
: timetable for these steps.
: JCT: Sure seems like a lot of nothing. They already have
: their evidence on record, what more do they need? How would
: they want to change the format of written representations?
: What special direction do they need on the hearing? And
: timetable?
: CR: In addition, Canada intends to request an order amending
: the style of cause in this matter to correctly name the
: respondent. Canada requests that this matter continue as a
: specially managed proceeding, and that the Chief Justice
: assign a judge pursuant to Rule 383.1, to act as case
: management judge to consider these requests for procedural
: relief.
: Sincerely,
: Jon Bricker
: Senior Counsel, National Litigation Sector
: cc John Turmel, Appellant
: JCT: On Feb 28, the Crown added:
: Department of Justice
: Ontario Regional Office
: National Litigation Sector
: 120 Adelaide Street West Suite #400
: Toronto, ON M5H 1T1
: Telephone/Tiliphone: 647-256-7473
: Fax/Tilicopieur: 416-973-0809
: Email/Courriel: Jon.Bricker@justice.gc.ca
: February 28, 2023
: VIA ELECTRONIC FILING
: Federal Court of Appeal
: 180 Queen Street West
: Toronto, Ontario M5V 1Z4
: FCARegistry-CAFGreffe@cas-satj.gc.ca
: Dear Registry,
: Re: John Turmel v Her Majesty the Queen, File No. A-265-22
:
: I am writing on behalf of the respondent, the Attorney
: General of Canada (incorrectly named as Her Majesty the
: Queen," and hereinafter referred to as "Canada"), to request
: that the Court kindly expedite Canadas previously submitted
: request for case-management in this matter.
: By letter dated February 6, 2023, Canada advised of its
: intention to bring a motion for an order declaring the
: appellant a vexatious litigant in the Federal Court of
: Appeal (the "Motion"), and requested that the appeal
: continue as a specially managed proceeding in order that
: Canada could seek procedural directions or orders concerning
: this motion.
: Specifically, Canada intends to seek directions or orders:
: 1. Setting a timetable for the Motion;
: 2. Granting Canada leave to rely for the Motion on the
: affidavit evidence filed in the Federal Court proceeding;
: 3. Granting Canada leave to serve and file a joint
: Memorandum of Fact and Law and Written Representations
: addressing both the appeal and the Motion;
: 4. That the Motion be heard orally, together with the
: underlying appeal; and
: 5. Amending the style of cause to correctly name the
: respondent.
: On February 28, 2023, the Appellant served Canada with his
: Memorandum of Fact and Law in the underlying appeal. As a
: result, Canada's responding Memorandum of Fact and Law is
: currently due on March 30, 2023.
: As the procedural directions or orders that Canada intends
: to seek would affect the content and timing of Canada's
: Memorandum, Canada requests that the Court now kindly
: expedite Canada's previously submitted request for case
: management.
: Sincerely,
: Jon Bricker
: Senior Counsel, National Litigation Sector
: cc John Turmel, Appellant
: JCT: Court of Appeal Justice Webb ruled:
: TO : APPEAL REGISTRY
: FROM : WEBB J.A.
: DATE : March 6, 2023
: RE : A-265-22: John Turmel v. His Majesty the King
: _______________________________________________________________________
: DIRECTION
: Webb: Mr. Turmel was declared a vexatious litigant in the
: Federal Court by the Judgment of that Court dated November
: 9, 2022. This appeal is Mr. Turmel's appeal from that
: Judgment.
: By letter dated February 6, 2023, the respondent requested
: that this appeal continue as a specially managed proceeding
: pursuant to Rule 384 of the Federal Courts Rules, SOR/98-
: 106. In a subsequent letter dated February 28, 2023, the
: respondent asked to have its request for case-management
: considered on an expedited basis.
: The reason cited for the expedited basis is that the
: appellant served the respondent with his memorandum of fact
: and law in this appeal on February 28, 2023. As a result,
: the respondent's memorandum of fact and law in this appeal
: must be filed on or before March 30, 2023.
: The only remaining steps to be completed to have Mr.
: Turmel's appeal heard are:
: - serving and filing the respondent's memorandum of fact and
: law (Rule 346(2));
: - filing the book or books of authorities (Rule 348); and
: - serving and filing the requisition for hearing (Rule 347).
: Given the few steps remaining in this appeal, there is no
: apparent justification for continuing this appeal as a
: specially managed proceeding.
: Rather than indicate any concerns with respect to Mr.
: Turmel's appeal, the respondent indicates that the
: justification for treating this appeal as a specially
: managed proceeding is the respondent's proposed motion for
: an order to declare Mr. Turmel a vexatious litigant in this
: Court.
: Simply indicating that a motion will be brought in an appeal
: cannot justify having that appeal continue as a specially
: managed proceeding.
: The respondent has not yet brought the motion referred to
: above. There is no indication that the Attorney General will
: be seeking to prevent Mr. Turmel from continuing his appeal
: to this Court.
: Therefore, the respondent's memorandum of fact and law in
: this appeal will still be required to be filed by March 30,
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