Federal Court Decisions

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Decision Content




Date: 19991006


Docket: T-2009-93


BETWEEN:


HER MAJESTY THE QUEEN

                                        

Plaintiff



-and-




PHILIP VANBRABANT


Defendant


     REASONS FOR ORDER AND ORDER

GILES A.S.P.


[1]      There is before me a motion for an extension of time to file a reply and defence to counterclaim and a suggested timetable for the completion of steps prior to pre-trial conference. The extensions will be granted. The timetable suggested is in my view at the extreme limit of permissible delay. Settlement discussions should be brought forward and discovery should be commenced and the motion for re-attendance to answer questions refused on discovery should be brought before the end of the year. While hoping that such an accelerated timetable will be observed, I am prepared to order the dates requested for the completion of the various steps. But, in the light of the generous time thereby permitted and the provisions of Rule 7 (3), there will be no provision that the time limits may be changed on consent.

                    

ORDER

     This Court orders that the reply and defence to counterclaim shall be allowed to be filed on or before October 12th, 1999. The plaintiff shall have served its affidavit of documents by October 15th, 1999. The parties are to have exchanged copies of any relevant documents and the plaintiff is to have brought any motion requesting that the counterclaim be dismissed before November 15th, 1999. The parties are to have had settlement discussions as required by Rule 257 by December 21st, 1999. By February 15th, 2000, the parties are to have completed examinations for discovery. By March 15th, 2000, the parties are to have filed any motions arising from discoveries. By April 28th, 2000, the plaintiffs are to have requested a pre-trial conference.

                                        

                                 "Peter A.K. Giles"

     A.S.P.



TORONTO, ONTARIO

OCTOBER 6, 1999








FEDERAL COURT OF CANADA

                    

     Names of Counsel and Solicitors of Record

COURT NO:                          T-2009-93
STYLE OF CAUSE:                      HER MAJESTY THE QUEEN

                        

                             - and -
                             PHILIP VANBRABANT

                            

CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369.

REASONS FOR ORDER AND ORDER BY:      GILES A.S.P.
DATED:                          WEDNESDAY, OCTOBER 6, 1999

WRITTEN SUBMISSIONS BY:              Glenn Sheskay and

                             Michel Boulianne

                                 For the Plaintiff

                            

                             Kerry E. S. Boyd

                                 For the Defendant

SOLICITORS OF RECORD:              Morris Rosenberg

                             Deputy Attorney General of Canada

                                 For the Plaintiff

                              Lucas Bowker & White

                             Barristers and Solicitors

                             1201 Scotia 2 Tower, Scotia Place

                             10060 Jasper Ave.

                             Edmonton, Alberta

                             T5J 4E5

                                 For the Defendant

                             FEDERAL COURT OF CANADA


                                 Date:19991006

                        

         Docket: T-2009-93


                             Between:

                             HER MAJESTY THE QUEEN

     Plaintiff

                             - and -


                             PHILIP VANBRABANT

    

     Defendant




                    

                            

        

                             REASONS FOR ORDER

                             AND ORDER

                            

    






        



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