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':
Ottawa, Ontario, May 13, 2019
Present: GAUTHIER J.A.
HER MAJESTY THE QUEEN
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
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
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.