DR. V.I. FABRIKANT Applicants v. HER MAJESTY THE QUEEN, 2019 FC 240

Date: 20190227 Docket: T-376-99 Citation: 2019 FC 240 Ottawa, Ontario, February 27, 2019 PRESENT: The Honourable Mr. Justice Mosley BETWEEN: DR. V.I. FABRIKANT Applicants and HER MAJESTY THE QUEEN Respondent ORDER AND REASONS [ 1 ] The Applicant, Dr. Fabrikant, submitted a motion pursuant to section 40(3) of the Federal Courts Act , RSC 1985, c. F-7 [the Act ] for the following:

a) LEAVE to continue proceedings in the present case;

b) RESCSSION [sic] the designation order of vexatious pleader;

c) DECLARATION of nullity of all judgments made by copy and paste method. [ 2 ] The Respondent opposes the motion and objects to it being filed. [ 3 ] On November 1, 1999 pursuant to section 40 (1) of the Act , the Honourable Madame Justice McGillis declared that no further proceedings could be instituted or continued by Dr.

Fabrikant, including in this file, except by leave of the Court . [ 4 ] Subsection 40 (3) of the Act permits a person against whom a court has made an order under section 40 (1) to apply to the court for rescission of the order or for leave to institute or continue a proceeding. [ 5 ] Pursuant to section 40(4) of the Act , the Court may grant the Applicant leave to institute proceedings " “if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding.” " [ 6 ] The Court notes that the Applicant’s several prior applications for rescission of the 1999 Order have been considered and denied on the ground that no reason had been provided.

On this application, the Applicant has merely repeated allegations of facts pertaining to events prior to the 1999 Order and previously asserted.

There is no new evidence advanced that would justify rescission of the 1999 Order. [ 7 ] Having read the Applicant’s motion record and the Respondent’s Written Representations, the Court is satisfied that the continuation of the 1999 action would be an abuse of process and there are no reasonable grounds to allow it to proceed. [ 8 ] The Applicant’s request for a declaration " “of nullity of all judgments made by copy and paste method” " is not a remedy provided for in the Act and is itself evidence that the proposed application for which leave is sought would be an abuse of the Court’s process. [ 9 ] The Respondent has requested costs.

The Court considers it appropriate to award costs in the fixed amount of $500.00 as this motion was wholly without merit. ORDER IN T-376-99 THIS COURT ORDERS that : 1 . the motion is dismissed; and 2 . costs are assessed against the Applicant in the fixed amount of $500.00. “Richard G. Mosley” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-376-99

STYLE OF CAUSE: DR. V.I. FABRIKANT V HER MAJESTY THE QUEEN MOTION IN WRITING CONSIDERED AT oTTAWA, PURSUANt TO rule 369 OF THE FEDERAL COURT RULES ORDER AND REASONS: MOSLEY J. DATED: February 27, 2019 APPEARANCES : Dr. V.I. Fabrikant For The Applicants (Self-represented) Joshua Wilner For The Respondent (Department of Justice) SOLICITORS OF RECORD : Joshua Wilner For The Respondent (Department of Justice)