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  • 7/25/2019 Judge Trudel Court Order Friday 13th

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    Date: 20160512

    Docket: A-48-16

    Ottawa, Ontario, May 12, 2016

    Present: TRUDEL J.A.

    BETWEEN:

    DAVID RAYMOND AMOS

    Appellant

    and

    HER MAJESTY THE QUEEN

    Respondent

    ORDER

    [1] The appellant appeals an order of Southcott, J. of the Federal Court (2016 FC 93) wherein,

    amongst other relief, he allowed to stand part only of the appellants Statement of Claim filed in

    that Court (T-1557-15);

    [2] The respondent has filed a Notice of cross-appeal alleging that the appellants Statement of

    Claim should have been struck in its entirety;

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    [3] Most recently, the appellant sent to the Registry a letter accompaniedby a Notice of

    Motion to request an oral hearing;

    [4] The motion is for:

    To request that the Justices of the Federal Court of Appeal notify William Brooks(Brooks), the Commissioner of Federal Judicial Affairs and Bob Paulson(Paulson), the Commissioner of the Royal Canadian Mounted Police (RCMP),that they should finally uphold the law and the mandates of their offices beforeHER MAJESTY THE QUEEN (CROWN)is subject to lawsuits in the UnitedStates of America (USA) and Canada. The actions in the Federal Court (File No.T-1557-15) by William Pentney QC, the Deputy Attorney General of Canada,Prothonotary Richard Morneau and Justice Richard Southcott have caused the

    CROWNto lose the right to claim sovereign immunity in the USA in defense ofcertain actions that the Amos Clan plans to put before courts of law in the USAand Canada.

    [5] By letter dated May 5, 2016, the respondent asks that a case management Judge be assigned

    to this file, otherwise there will be considerable procedural difficulties that will prevent the

    Appeal from proceeding in the most expeditious and least expensive manner;

    [6] In his Notice of Appeal of Southcott J.s Order, the appellant seeks the following relief:

    1) That the ORDERSof MR. PROTHONOTARY RICHARDMORNEAUand MR. JUSTICE RICHARD F. SOUTHCOTTberevoked; and

    2) The Defendant/Respondent be found in Default; and

    3) Award the Plaintiff/Appellant eleven million dollars ($11,000,000.00)in the form of relief plus the costs.

    [7] On appeal to this Court, the best that the appellant can hope for is that his Statement of

    Claim be reinstated to its original form and content and the matter returned to the Federal Court

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    for continuation of the proceeding on the merits - all of this, of course, if it were decided that the

    respondents cross-appeal should be dismissed;

    All this raises a question as to the relevance of the proposed Notice of Motion.

    THIS SAID, IT IS ORDERED AS FOLLOWS:

    a) The request for an oral hearing of the appellants Notice of Motion (undated and

    unsigned) is denied;

    b) If the appellant insists on presenting his Motion, it shall be duly served and filed in

    Form 369 in accordance with theFederal Courts RulesSOR/98-106 (the Rules);

    c) The appellant shall, in the next 10 days (no later than May 26, 2016) serve and file his

    proposal as to the contents of the Appeal Book unless he agrees with the respondents

    proposal contained in a letter dated March 3, 2016;

    d) If the parties disagree, the appellant shall, no later than June 10, 2016, serve and file a

    proper Notice of Motion under Rule 369 to request that the Court determine the

    contents of the Appeal Book;

    e) These timelines and the prescriptions of the Rules shall be followed or this appeal

    could be dismissed without any further delay;

    f)

    The request to have this case managed by a Judge is denied.

    "Johanne Trudel"

    J.A.