Mennes v. Canada
T-289-91
Hargrave P.
27/6/94
4 pp.
Application for return of original documents, filed as exhibits to various affidavits-After various statements of claim, amended statements of claim, struck out on three occasions, plaintiff prohibited from commencing further actions-Requires documents in connection with proceedings in B.C. Supreme Court-No one appearing for defendant-Plaintiff filing original documents, including books, brochures, pamphlets, photographs, citizenship card, citizenship commemoration certificate-As order prohibiting plaintiff from using courts still under appeal, Prothonotary reluctant to return any documents-Although appeal languishing, cannot assume it will not go forward-Court of Appeal should have opportunity to look at any material filed in proceedings-Also, Court, not parties, to determine what records, documents Court retains-Time honoured practice to maintain in Court permanently all documents submitted to Court in course of proceedings except when, in response to request of party or persons having proprietary interest in particular documents, Court making order permitting removal from Court's custody: McCleery v. Commissioner of the RCMP, [1974] 2 F.C. 361 (C.A.)-In McCleery, that applicant seeking return of material he himself had filed and which felt might be embarrassing if left on record prejudicing withdrawal of material-Removal may be denied regardless of whether parties consenting to, or not opposing, removal of documents-Majority of documents should be retained by Court-Original material filed as exhibits to affidavits should have been filed as copies-Plaintiff's citizenship card and citizenship commemoration certificate returned provided registry officer replacing originals with photocopies of front and back of documents and attaching memorandum setting out circumstances of substitution-Federal Court Rules, C.R.C., c. 663, R. 201.