Date: 20000105
Docket: IMM-5528-98
OTTAWA, ONTARIO, WEDNESDAY, THIS 5TH DAY OF JANUARY, 2000
BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM
BETWEEN:
JAN HOY CASSELLS
Lorraine Cassells, DALTON WALLACE, JACQUELINE WALLACE
CHEYENNE CASSELLS by their Litigation Guardian, LORRAINE CASSELLS
PLAINTIFFS
-and-
HER MAJESTY THE QUEEN
DEFENDANT
REASONS FOR ORDER AND ORDER
[1] On December 9, 1999, the plaintiffs filed into the office of the Court a Notice of Motion wherein the plaintiffs ask for an Order abridging the time set out in the Rules for service of a Motion for Summary Judgment and for Summary Judgment.
[2] The motion was, at the request of the plaintiffs, set down for hearing on a motion day, December 20, 1999. Pursuant to the rules, a motion to be heard on a motion day cannot exceed two hours unless agreed to by the Judge hearing the matter.
[3] Because the plaintiffs were of the belief they would require four hours for the hearing of the said motion, they asked the Court for a special hearing date.
[4] I assume that because they were not satisfied with the date available, they decided to proceed on a motion day by now saying they, and the defendant, would not need more than two hours for the hearing and had the matter set down for December 20, 1999.
[5] When the matter came up for hearing before me on December 20, 1999, counsel for the defendant requested an adjournment. He gave a number of reasons for the request. One of the reasons was that the hearing would take more than two hours. He also stated that pursuant to Rule 214(1) the plaintiffs may bring a Motion for Summary Judgment by serving and filing a Notice of Motion and Motion Record at least 20 days before the date set out in the notice for the hearing.
[6] Counsel for the defendant also stated that he should be given an opportunity to cross-examine plaintiffs" affiants.
[7] After hearing the plaintiffs" submissions on the above points, I was in total agreement with counsel for the defendant and granted an adjournment but on terms.
[8] IT IS THEREFORE ORDERED THAT:
| (a) the plaintiffs" motion for summary judgment is adjourned, to a date to be fixed by the office of the Associate Chief Justice, being the earliest available date, for argument estimated to last three to four hours; |
| (b) the parties shall complete cross-examinations on the affidavits filed on this motion on or before January 21, 2000; |
| (c) transcripts of any cross-examinations shall be filed not later than ten days before the date fixed for the hearing of the motion; |
| (d) costs of this adjournment shall be in the cause. |
"Max M. Teitelbaum"
J.F.C.C.