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Date: 19990910


Docket: T-2488-95

                

Vancouver, British Columbia, Friday, the 10th day of September, 1999

PRESENT:      THE HONOURABLE MADAME JUSTICE REED

BETWEEN:

     COMMERCIAL UNION ASSURANCE COMPANY PLC.,

     UNDERWRITERS AT LLOYD'S, CANADIAN GROUP UNDERWRITERS

     INSURANCE COMPANY, CANADIAN SURETY COMPANY,

     THE GENERAL ACCIDENT ASSURANCE COMPANY OF CANADA,

     MARITIME INSURANCE COMPANY LIMITED,

     CONTINENTAL INSURANCE COMPANY, and

     ROYAL INSURANCE COMPANY OF CANADA,

     Plaintiffs,

     - and -

     M.T. FISHING CO. LTD. and

     RICHARD WOOD,

     Defendants.


                             REASONS FOR ORDER AND ORDER


     The two week time limit set out in the Order of September 2, 1999, was imposed so that the terms of the March 17, 1999, Order would be complied with, if it was going to be complied with, close to the date of the next case management conference. I realize that it was asserted that Mr. Wood was in a remote area and could not be reached. I considered two weeks sufficient time to cope with that difficulty.

     I have received a memorandum from the Registry Officer who read the terms of the September 2, 1999, Order verbatim to both counsel on September 3. The memorandum states that at no time was it indicated that the application had been allowed "in part". The Registry Officer also notes that when Mr. Blok was advised that the Order would be sent to him by registered mail, he did not request any alternative arrangement for obtaining a copy more speedily. I note that his office


is within a few blocks of the Court premises.

     I have decided, nevertheless, to extend the time for compliance with the September 2, 1999, Order by one week.

IT IS HEREBY ORDERED THAT

     the time limit set out in the September 2, 1999, Order is extended to September 24, 1999.



                             (Sgd.) "B. Reed"

                                 Judge






















     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS ON THE RECORD




COURT FILE NO.:      T-2488-95

STYLE OF CAUSE:      COMMERCIAL UNION ASSURANCE COMPANY

     PLC., ET AL

     v.

     M.T. FISHING CO. LTD ET AL


PLACE OF HEARING:      VANCOUVER, BC

MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF COUNSEL     

REASONS FOR ORDER OF      REED J.

DATED:      SEPTEMBER 10, 1999


WRITTEN SUBMISSIONS BY:

MR. MURRAY BLOK      FOR THE DEFENDANT
MR. ROGER WATTS      FOR THE PLAINTIFF

SOLICITORS OF RECORD:

RUSSELL & DUMOULIN

VANCOUVER, BC      FOR THE DEFENDANT

MCEWEN, SCHMITT & CO

VANCOUVER, BC      FOR THE PLAINTIFF
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