Kibale v. Canada, (1997) 129 F.T.R. 269 (TD)

• Judge: Lutfy, J.
• Court: Federal Court (Canada)
• Case Date: April 02, 1997
• Jurisdiction: Canada (Federal)
• Citations: (1997), 129 F.T.R. 269 (TD)

Kibale v. Can. (1997), 129 F.T.R. 269 (TD)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [1997] F.T.R. TBEd. MY.004

Guillaume Kibale (plaintiff) v. Her Majesty the Queen (defendant)

(T-1891-88)

Indexed As: Kibale v. Canada

Federal Court of Canada

Trial Division

Lutfy, J.

April 22, 1997.

Summary:

The plaintiff sued the Crown for damages because he was not awarded an economist's position with a federal government department.

The Federal Court of Canada, Trial Division, in a decision reported 58 F.T.R. 199, dismissed the action. The plaintiff applied under Federal Court Rule 1733 to have the judgment reversed.

The Federal Court of Canada, Trial Division, dismissed the application.

Practice - Topic 6101

Judgments and orders - Amendment, rescission and variation of judgments and orders - Jurisdiction - The plaintiff applied under Federal Court Rule 1733 to have a judgment reversed - The Federal Court of Canada, Trial Division, dismissed the application, stating that the provisions of the Public Authorities Protection Act and the Limitations Act were not new matter within the meaning of rule 1733, even if the plaintiff's "discovery" thereof arose subsequent to the dismissal of his action.

Counsel:

Guillaume Kibale, for the plaintiff;

Alain Préfontaine, for the defendant.

Solicitors of Record:

George Thomson, Deputy Attorney General of Canada, Ottawa, Ontario, for the defendant.

This application was heard at Ottawa, Ontario, on April 2, 1997, by Lutfy, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on April 22, 1997.