V. I. Fabrikant v. Her Majesty the Queen in Right of Canada, et al.
(Federal Court) (Civil) (By Leave)
Civil procedure - Appeals, Federal court, Courts.
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Civil Procedure – Appeals – Courts – Federal Court – Filing fees – Applicant designated as a vexatious litigant requiring leave to commence proceedings – Appeal of prothonotary’s exercise of discretion to dismiss applicant’s motion to waive filing fee – Federal Court judge issuing directions denying applicant’s Notices of Motion to commence proceedings – Whether the Federal Court of Appeal erred in law when it decided that there was no reason to intervene in the Order of the prothonotary – Whether the Federal Court of Appeal erred in law when it decided that directions of Federal Court Justice were decisions made under subsection 40(4) of the Federal Courts Act, R.S.C. 1985, c. F-7.
The applicant has been in prison for 22 years and has been designated as a vexatious litigant. He applies for leave to appeal a decision of the Federal Court of Appeal, with whom he was granted leave to file a Notice of Appeal from an Order of Prothonotary Tabib. That Order dismissed his motion for a waiver of the filing fee for each of two motions he had filed under s. 40(3) of the Federal Courts Act. The applicant was also granted leave to file a Notice of Appeal from four directions of Scott J. of the Federal Court, each denying him leave to commence proceedings concerning various matters. The Federal Court of Appeal dismissed the appeal of Prothonotary Tabib’s Order and quashed the appeals from the directions of Scott J. on the basis that they had been made pursuant to s. 40(4) of the Federal Courts Act and were therefore final, with no right of appeal pursuant to s. 40(5) of that Act.
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