JUDGES AND COURTS |
Pellikaan v. Canada
T-593-00
2001 FCT 1415, Hargrave P.
19/12/01
18 pp.
Motion for order setting date for trial, requiring any motions restricting statement of claim be put before judge, and requiring particulars in relation to application for federal licence to produce cheese in British Columbia--Also oral motion to allow lay person to act as agent, representative of plaintiff--Attorney General, Ministry of Health for British Columbia obtained order restraining plaintiff, dairy farmer, from selling dairy products not pasteurized in accordance with Milk Industry Act--Statement of claim herein alleging discrimination by Canadian Dairy Commission, British Columbia Milk Marketing Board; conspiracy by Attorney General, Ministry of Health, City of Vancouver, Vancouver City Police Department, Vancouver law firm, Law Society of British Columbia, testing laboratory--As case management direction, pre-trial conference date set--At pre-trial conference becoming apparent setting trial date premature-- Pre-trial conference adjourned with schedule being agreed upon--During case management conference, Mr. Stromotich acting as advocate for plaintiff, who was incapable of acting for himself as previously suffered severe stroke--Stromotich assisted Court in getting action onto realistic schedule-- Subsequently Court received letter signed by plaintiff and Stromotich as agent, but clearly drafted by Stromotich--Letter objectionable, in poor taste, returned by Court with written direction stating Stromotich not permitted to attend either case management conferences, or pre-trial conferences--Direction resulting in oral motion Stromotich, lay person, be permitted to represent plaintiff--Stromotich suggesting Hargrave P. biased, should recuse himself--Motions dismissed--(1) Test for bias set out in Committee for Justice and Liberty et al. v. National Energy Board et al., [1978] 1 S.C.R. 369: apprehension of bias must be reasonable one, held by reasonable and right-minded persons, applying themselves to question and obtaining thereon required information--All judges have predilections, requiring discipline to make certain that does not become bias which impairs ability to function judicially--Plaintiff neither satisfying test as to bias nor establishing decision-maker unable to put any predilection arising out of conduct of Stromotich aside--Federal Court Rules, 1998, r. 119 providing subject to r. 121, individual may act in person or be represented by solicitor--R. 121 making it mandatory that person under legal disability be represented by solicitor--Case law making it clear no alternative permitting someone who is not lawyer to represent individual--Reed J. recognizing in Morrisroe v. Canada (Minister of Justice) (1996), 119 F.T.R. 276 (F.C.T.D.) that sometimes in cases where opposing side consents to lay representation, matters have proceeded informally with lay representative acting, but cautioning that these are not precedents, for granting of formal order authorizing lay representative to act for individual-- Given Stromotich's antics, attitude, absence of any reasonable approach on his behalf, not permitted to act either as agent or to appear as advocate--(2) No right of party to have case heard by judge--Jurisdiction of prothonotaries, judges set out in Federal Court Act, Federal Court Rules--Court must allocate matters as between judges, prothonotaries, keeping in mind jurisdiction of latter, limited resources of Court--(3) Particulars setting out what is required to obtain federal licence to produce cheese in B.C. not arising out of pleadings --Moreover not necessary either for pleading or for purposes of trial--Federal Court Rules, 1998, SOR/98-106, rr. 119, 121--Federal Court Act, R.S.C., 1985, c. F-7.