TURMEL: Court denies Crown request for appeal management JCT: On February 6, 2023, the Crown asked to have my appeal treated as a specially managed appeal: Department of Justice Ontario Regional Office National Litigation Sector 120 Adelaide Street West Suite #400 Toronto, ON M5H 1T1 Telephone/Tiliphone: 647-256-7473 Fax/Tilicopieur: 416-973-0809 Email/Courriel: Jon.Bricker@justice.gc.ca February 6, 2023 VIA ELECTRONIC FILING Federal Court of Appeal 180 Queen Street West Toronto, Ontario M5V 1Z4 FCARegistry-CAFGreffe@cas-satj.gc.ca CR: Dear Registry, Re: John Turmel v Her Majesty the Queen, File No. A-265-22 I am writing on behalf of the respondent, the Attorney General of Canada (incorrectly named as "Her Majesty the Queen," and hereinafter referred to as "Canada"), to request that the above noted appeal continue as a specially managed proceeding pursuant to Rule 384 of the Federal Courts Rules. Canada intends to bring a motion in the course of this appeal for an order under s. 40 of the Federal Courts Act declaring the appellant, John Turmel, a vexatious litigant in the Federal Court of Appeal, and for other consequential relief. JCT: So do they want this appeal to be barred? CR: Canada intends to seek procedural directions or orders concerning this motion, including directions or orders concerning the evidence to be used, the format of written representations, the hearing of this motion, and the timetable for these steps. JCT: Sure seems like a lot of nothing. They already have their evidence on record, what more do they need? How would they want to change the format of written representations? What special direction do they need on the hearing? And timetable? CR: In addition, Canada intends to request an order amending the style of cause in this matter to correctly name the respondent. Canada requests that this matter continue as a specially managed proceeding, and that the Chief Justice assign a judge pursuant to Rule 383.1, to act as case management judge to consider these requests for procedural relief. Sincerely, Jon Bricker Senior Counsel, National Litigation Sector cc John Turmel, Appellant JCT: On Feb 28, the Crown added: Department of Justice Ontario Regional Office National Litigation Sector 120 Adelaide Street West Suite #400 Toronto, ON M5H 1T1 Telephone/Tiliphone: 647-256-7473 Fax/Tilicopieur: 416-973-0809 Email/Courriel: Jon.Bricker@justice.gc.ca February 28, 2023 VIA ELECTRONIC FILING Federal Court of Appeal 180 Queen Street West Toronto, Ontario M5V 1Z4 FCARegistry-CAFGreffe@cas-satj.gc.ca Dear Registry, Re: John Turmel v Her Majesty the Queen, File No. A-265-22 I am writing on behalf of the respondent, the Attorney General of Canada (incorrectly named as Her Majesty the Queen," and hereinafter referred to as "Canada"), to request that the Court kindly expedite Canadas previously submitted request for case-management in this matter. By letter dated February 6, 2023, Canada advised of its intention to bring a motion for an order declaring the appellant a vexatious litigant in the Federal Court of Appeal (the "Motion"), and requested that the appeal continue as a specially managed proceeding in order that Canada could seek procedural directions or orders concerning this motion. Specifically, Canada intends to seek directions or orders: 1. Setting a timetable for the Motion; 2. Granting Canada leave to rely for the Motion on the affidavit evidence filed in the Federal Court proceeding; 3. Granting Canada leave to serve and file a joint Memorandum of Fact and Law and Written Representations addressing both the appeal and the Motion; 4. That the Motion be heard orally, together with the underlying appeal; and 5. Amending the style of cause to correctly name the respondent. On February 28, 2023, the Appellant served Canada with his Memorandum of Fact and Law in the underlying appeal. As a result, Canada's responding Memorandum of Fact and Law is currently due on March 30, 2023. As the procedural directions or orders that Canada intends to seek would affect the content and timing of Canada's Memorandum, Canada requests that the Court now kindly expedite Canada's previously submitted request for case management. Sincerely, Jon Bricker Senior Counsel, National Litigation Sector cc John Turmel, Appellant JCT: Court of Appeal Justice Webb ruled: TO : APPEAL REGISTRY FROM : WEBB J.A. DATE : March 6, 2023 RE : A-265-22: John Turmel v. His Majesty the King _______________________________________________________________________ DIRECTION Webb: Mr. Turmel was declared a vexatious litigant in the Federal Court by the Judgment of that Court dated November 9, 2022. This appeal is Mr. Turmel's appeal from that Judgment. By letter dated February 6, 2023, the respondent requested that this appeal continue as a specially managed proceeding pursuant to Rule 384 of the Federal Courts Rules, SOR/98- 106. In a subsequent letter dated February 28, 2023, the respondent asked to have its request for case-management considered on an expedited basis. The reason cited for the expedited basis is that the appellant served the respondent with his memorandum of fact and law in this appeal on February 28, 2023. As a result, the respondent's memorandum of fact and law in this appeal must be filed on or before March 30, 2023. The only remaining steps to be completed to have Mr. Turmel's appeal heard are: - serving and filing the respondent's memorandum of fact and law (Rule 346(2)); - filing the book or books of authorities (Rule 348); and - serving and filing the requisition for hearing (Rule 347). Given the few steps remaining in this appeal, there is no apparent justification for continuing this appeal as a specially managed proceeding. Rather than indicate any concerns with respect to Mr. Turmel's appeal, the respondent indicates that the justification for treating this appeal as a specially managed proceeding is the respondent's proposed motion for an order to declare Mr. Turmel a vexatious litigant in this Court. Simply indicating that a motion will be brought in an appeal cannot justify having that appeal continue as a specially managed proceeding. The respondent has not yet brought the motion referred to above. There is no indication that the Attorney General will be seeking to prevent Mr. Turmel from continuing his appeal to this Court. Therefore, the respondent's memorandum of fact and law in this appeal will still be required to be filed by March 30, 2023. This memorandum will address whether the Federal Court erred in finding that Mr. Turmel is a vexatious litigant in that Court, not whether he should be declared to be a vexatious litigant in this Court. JCT: Whether they can abort this appeal is a good question. Webb: There is nothing to indicate why any issues arising from the respondent's proposed motion would need to be addressed as part of a specially managed proceeding and could not be addressed in the normal course. The respondent's request to have this appeal continue as a specially managed proceeding is denied. "WWW" JCT: They'll have to explain whether they want to abort this appeal or future appeals. Either seems stupid.