Date: 19990517
Docket: T-2498-95
BETWEEN:
CASTLEMORE MARKETING INC.
Plaintiff
- and -
INTERCONTINENTAL TRADE AND FINANCE CORPORATION,
DOV PARSHAN, COSMOTECH COSMETICS INC.,
STEVE HARGOBIND, KARNET TRADING INC.
and IMAGE LABELS LTD.
Defendants
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] It has been some five months since a notice of status review was sent in this matter requiring the plaintiff to show cause. There have been a number of requests for an extension of the status review. In January, a notice seeking inter alia default judgment was filed.
[2] Before me now, is the January motion and the current request for a further extension of time. This matter cannot be permitted to go on indefinitely. While current practice permits the filing of motions during status review for determination conditionally on the result of status review, motions for inconsistent orders such as for judgment or for dismissal are not normally entertained. In my view a request for extension to the time for status review is inconsistent with a motion for default judgment. I am therefore dismissing the motion of January 27 without prejudice, and am extending the time for response to the status review for some 30 days because I am concerned that a case management judge not be appointed unnecessarily.
[3] I will order the file returned in 30 days at which time I intend to issue show cause orders to the defendants if there has been no sign of progress toward settlement.
ORDER
IT IS ORDERED THAT:
1. The plaintiff's motion filed January 27, 1999 is dismissed without prejudice to its right to bring a similar motion after final disposition of the status review.
2. The status review is continued to June 18, 1999 by which time counsel for the parties should have updated their representations;
3. The Registry is directed to return the file to me after June 18, 1999;
4. In the meantime, any consent motions for judgment or dismissal may be filed.
"Peter A.K. Giles"
A.S.P.
TORONTO, ONTARIO
May 17, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-2498-95
| STYLE OF CAUSE: CASTLEMORE MARKETING INC. |
- and -
| INTERCONTINENTAL TRADE AND FINANCE CORPORATION, |
DOV PARSHAN, COSMOTECH COSMETICS INC., STEVE HARGOBIND, KARNET TRADING INC. and IMAGE LABELS LTD.
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369.
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
DATED: MONDAY, MAY 17, 1999
SOLICITORS OF RECORD: Lang Michener
Barristers & Solicitors
P.O. Box 747, Suite 2500
BCE Place, 181 Bay Street
Toronto, Ontario
M5J 2T7
For the Plaintiff
Miller Thomson
Barristers & Solicitors
20 Queen Street West
Suite 2500, Box 27
Toronto, Ontario
M5H 3S1
For the Defendant,
Image Labels Ltd.
Steinberg, Morton, Frymer
Barristers & Solicitors
5255 Yonge Street
Suite 310
North York, Ontario
M2N 6P4
For the Defendants,
Intercontinental Trade and
Finance Corporation and
Dov Parshan
Smart & Biggar
Barristers & Solicitors
439 University Avenue
Suite 2300
Toronto, Ontario
M5G 1Y8
For the Defendants,
Cosmotech Cosmetics Inc. and Steve Hargobind
FEDERAL COURT OF CANADA
Date: 19990517
Docket: T-2498-95
Between:
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Plaintiff
- and -
| INTERCONTINENTAL TRADE AND FINANCE CORPORATION, |
DOV PARSHAN, COSMOTECH
COSMETICS INC.,
STEVE HARGOBIND, KARNET
TRADING INC.
and IMAGE LABELS LTD.
Defendants
REASONS FOR ORDER
| AND ORDER |