T-7744-82
B E T W E E N:
CYCLONE ENGINEERING SALES LTD.,
Plaintiff
- and -
HER MAJESTY THE QUEEN AS REPRESENTED
BY HER MINISTER OF EXTERNAL AFFAIRS
OF CANADA,
Defendant
REASONS FOR ORDER
CAMPBELL J.
Let the attached transcript of my Reasons for Order delivered orally from the Bench in Edmonton, Alberta, the 9th day of May, 1997, now edited, be filed to comply with section 51 of the Federal Court Act.
Douglas R. Campbell
Judge
OTTAWA
June 6, 1997
01 THE COURT: These are my reasons on this
02 application: If there has been a reasonable delay, it is
03 of 14 years. No excuse has been offered.
04 I am satisfied on these facts in
05 this case, on this kind of action, that there is a high
06 prejudice of justice being done because of this delay.
07 The events occurred more than 20 years
08 ago. The issues of credibility are highly contested.
09 Accordingly, I grant the Crown's motion to dismiss this
10 action for want of prosecution. Costs in Tariff B, Column 2 in
19 favour of the Crown.
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-7744-82
STYLE OF CAUSE: Cyclone Engineering Sales Ltd.,
Plaintiff,
- and
Her Majesty The Queen as Represented by Her Minister of External Affairs of Canada,
Defendant.
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: May 9, 1997
TRANSCRIPT OF REASONS FOR ORDER DELIVERED ORALLY FROM THE BENCH ON MAY 9, 1997, BY THE HONOURABLE MR. JUSTICE DOUGLAS CAMPBELL
APPEARANCES:
Robert A. Farmer FOR THE PLAINTIFF
Brian J. Saunders FOR THE DEFENDANT
SOLICITORS OF RECORD:
Bishop & McKenzie FOR THE PLAINTIFF Barristers and Solicitors
Edmonton, Alberta
George Thomson, FOR THE DEFENDANT Deputy Attorney General for Canada
Ottawa, Ontario