• TURMEL: Court nixes Mozajko with Harris MedPot appeal

    From John KingofthePaupers Turmel@1:229/2 to All on Wed May 15 04:57:40 2019
    From: johnturmel@gmail.com

    TURMEL: Court nixes Mozajko with Harris MedPot appeal

    JCT: We just found out that the appeal for Allan J. Harris'
    restitution of the subtracted permit time and the Crown's
    striking all the claims for damages due to delay is going to
    be heard on June 24 2019.

    Federal Court of Appeal Justice Gauthier ruled on Igor
    Mozajko's motion to have his appeal heard with Jeff Harris':

    Date: 20190513
    Docket: A-339-18
    Ottawa, Ontario, May 13, 2019

    Present: GAUTHIER J.A.



    UPON Mr. Mozajko's motion made in writing that his appeal be
    heard together with the appeal in Allan Harris v. Attorney
    General of Canada (A-258-18);

    HAVING reviewed the materials filed, including the reply of
    Mr. Mozajko;

    UPON considering the direction of Stratas J.A.. and the fact
    that the hearing in A-258-18 will take place in Vancouver
    during the week of June 24, 2019;

    UPON noting that in his materials, Mr. Mozajko offered to be
    heard by "electronic means". When asked by the Judicial
    Administrator if he would be satisfied to be heard by
    videoconferencing at the Court in Toronto (the location for
    the hearing included in the Requisition for Hearing), Mr.
    Mozajko answered that it would difficult for him to go to
    Toronto and that he should be allowed to do it from his own
    house. Furthermore, Mr. Mozajko was not able to confirm or
    commit that he could do such teleconferencing during the
    week of June 24, 2019 because he was potentially moving.
    This confirmed why in the Requisition for Hearing that week
    was excluded because one of the parties was not available;

    UPON considering that it is important that the appeal in A-
    258-18 be heard without delay, as it is the lead file for
    more than 200 applications that were stayed pending its

    UPON considering that, to the extent that the two appeals
    have the common issues, this can be brought to the attention
    of this Court through submissions made at the hearing of the
    later file;

    JCT: But another panel will have to be formed to hear the
    same thing and probably rule the same thing.

    UPON further noting that Mr. Mozajko has not filed a
    memorandum of fact and law, and he should file a proper
    motion to obtain an extension to do so, even if he wishes to
    adopt the memorandum filed by the appellants in A-258-18;

    JCT: You can apply for an extension of time at any time so
    we may as well wait to see what happens with Jeff before
    doing more documentation.

    THIS COURT ORDERS that the motion is dismissed.
    "Johanne Gauthier" J.A.

    JCT: Too bad Igor wasn't able to take the teleconference
    call for Jeff's hearing. It's nice that they considered
    opening the court-room in Toronto or teleconference to his
    home even if Igor couldn't make it.

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