TURMEL: Covid Strike Motion Timetables to CMJ Aylen JCT: The Crown sent their letter to the CMJ on timetable for their S.369 Motion to Strike: Department of Justice Canada Benjamin Wong EMAIL May 4, 2021 Federal Court Dear Ms. Craigie: Re: TURMEL, John v Her Majesty the Queen T-130-21 I am writing on behalf of the defendant in the above-noted matter, Her Majesty the Queen in Right of Canada ("Canada"), in response to the Court's April 27, 2021, direction. I ask that you kindly place this letter before the case-management judge, Madam Prothonotary Aylen. Although the parties conferred regarding the timetable for next steps, we were unable to come to an agreement. Canada's proposed timetable for its joint motions to strike and for security for costs (in the alternative) are as follows: - Service and filing of Canada's Notice of Motion and Affidavits: 15 days from the date that the Court implements this timetable - Service and filing of the Plaintiff's Affidavits: 15 days from the date that Canada serves its Notice of Motion and Affidavits - Cross-examinations on affidavits: 10 days from the date that the Plaintiff serves his Affidavits - Service and filing of Canada's Motion Record: 15 days from the expiration of the time for cross-examinations, or, if the Plaintiff does not intend to serve an affidavit or conduct cross-examinations, 15 days from the date that Canada is advised of this - Service and filing of the Plaintiff's Responding Record: 15 days from the date that Canada serves its Motion Record - Service and filing of Canada's Reply Submissions: 7 days from the date that the Plaintiff serves his Responding Record Benjamin Wong Counsel c.c. (via email) John Turmel, plaintiff Canada is available for a case management conference at the following times: - May 10, 11, 14, 17, 18, 19 at any time - May 6 after 12pm - May 7 after 11:30am - May 13 after 11am JCT: And I just sent my letter: John C. Turmel, B.Eng., Wednesday May 5 2021 VIA EMAIl Chief Administrator Dear Sir or Madam: re: John Turmel v. HMTQ T-130-21 Could you please place this letter before Case Management Judge prothonotary Aylen in response to the Court's April 26, 2021, Direction on the timetable for the Defendant's Motion to Strike. 1. Defendant Canada suggested filing their motion to strike in 20 days and then another 67 days for steps not prescribed in the Rules. I pointed out Rule 369 mandates a 2-week timetable after the motion it filed. 2. Rule 369 says: Motions in writing 369 (1) A party may, in a notice of motion, request that the motion be decided on the basis of written representations. (2) A respondent to a motion brought in accordance with subsection (1) shall serve and file a respondent's record within 10 days.. (3) A moving party may serve and file written representations in reply within four days after being served with a respondent's record under subsection (2). (4) On the filing of a reply under subsection (3) or on the expiration of the period allowed for a reply, the Court may dispose of a motion in writing or fix a time and place for an oral hearing of the motion. https://laws.justice.gc.ca/eng/regulations/SOR-98-106/FullText.html 3. Given Canada has already had 15 weeks, 20 days to file seemed excessive and I suggested 3 days. Canada then proposed 15 days to file and 62 days for steps not prescribed in the Rules. 4. This timetable was also unacceptable. The Defendant is under the impression that your request for steps in a timetable was dispensation from following the rules. This Court has not ordered any dispensation from following the timetable set out in Rule 369. 5. I ask this Court to follow the timetable in Rule 369. Dated at Brantford on Wednesday May 5 2021. _________________________ John C. Turmel Cc: benjamin.wong2@justice.gc.ca JCT: She started the problem by asking for a timetable when Rule 369 has the timetable. So let's see if we go by the rules or not.