Date: 19990730
Docket: T-1164-97
BETWEEN:
THE CANADIAN COUNCIL OF PROFESSIONAL ENGINEERS and
THE ASSOCIATE OF PROFESSIONAL ENGINEERS
AND GEOSCIENTISTS OF NEWFOUNDLAND
Plaintiffs
- and -
MEMORIAL UNIVERSITY OF NEWFOUNDLAND
Defendant
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario on
Thursday, July 29, 1999)
ROTHSTEIN J.A.
[1] The defendant moves for leave to file a third supplemental affidavit of documents. The plaintiffs formally oppose but in reality the plaintiffs would agree to the admission of the affidavit and the documents listed therein provided an adjournment of the trial scheduled to commenced on September 27, 1999 is granted and the complete documents are produced. In fact, the plaintiff has made cross-motion to adjourn.
[2] The plaintiffs say that the documents referred to in the supplemental affidavit of documents are excerpts of university course calendars and that the entire calendars should be admitted because they are relevant. The plaintiffs are of the view that other portions of the calendars are favourable to their case. The plaintiffs say that it will take some thirty days to obtain the entire calendars in questions and further time to discover on them and that, therefore, the trial should be adjourned.
[3] The defendant"s motion for leave to file the third supplemental affidavit of documents will be granted.
[4] The crux of the issue before me then is the question of the adjournment of the trial. The defendant has produced Practice Note No. 4 Re: Case Management dated February 17, 1993 which states in part:
Request to Adjourn Trials/Hearings
| The Federal Court does not overbook its trials sittings. Adjournments therefore cause serious inconvenience and expense. When the Court has fixed a date for trial or for a hearing, all counsel will be expected to proceed on the date fixed. Requests to adjourn must be made to the Associate Chief Justice, and unless made promptly after the fixing of the hearing date, will be considered only in the most exceptional circumstances. |
[5] The plaintiffs have known about the course calendars since at least April 20, 1999 when the defendant advised the plaintiffs of its intention to seek leave to file the third supplemental affidavit of documents. The plaintiffs conducted their own research of some university course calendars on May 6, 1999. Had the plaintiffs thought it important for their case, it was open to them at that stage, if not earlier, to arrange to obtain the calendars. They are largely publicly available. I acknowledge there is an indication that obtaining the documents is cumbersome and time-consuming, but that does not change the fact that the plaintiffs could have commenced their work some three months ago.
[6] The circumstances here are not the type of exceptional circumstances referred to in the practice direction.
[7] The motion to adjourn will be dismissed. However counsel for the defendant has indicated that the defendant will use its best efforts to assist the plaintiffs in obtaining the complete course calendars from which the defendant took excerpts, and in view of the lateness of the date, the Court expects the defendant to do so. The parties shall be entitled to rely on the complete course calendars.
"Marshall Rothstein"
Judge
Toronto, Ontario
July 30, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-1164-97 |
| STYLE OF CAUSE: THE CANADIAN COUNCIL OF PROFESSIONAL ENGINEERS and THE ASSOCIATE OF PROFESSIONAL ENGINEERS AND GEOSCIENTISTS OF NEWFOUNDLAND |
- and -
| MEMORIAL UNIVERSITY OF NEWFOUNDLAND |
| DATE OF HEARING: THURSDAY, JULY 29, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: ROTHSTEIN J. |
DATED: FRIDAY, JULY 30, 1999
APPEARANCES: Mr. John S. Macera
| Ms. Elizabeth G. Elliot |
| For the Plaintiffs |
| Mr. Glen Bloom |
Mr. Benjamin Gray
For the Defendant
SOLICITORS OF RECORD: Macera & Jarzyna
| Barristers and Solicitors |
| 81 Metcalfe Street, Suite 200 |
| Ottawa, Ontario |
| K1P 6K7 |
| For the Plaintiffs |
Osler, Hoskin & Harcourt
| Barristers & Solicitors |
| 1500-50 O"Connor St. |
| Ottawa, Ontario |
| K1P 6L2 |
For the Respondent
FEDERAL COURT OF CANADA
Date:19990730
Docket: T-1164-97
Between:
| THE CANADIAN COUNCIL OF PROFESSIONAL ENGINEERS and THE ASSOCIATE OF PROFESSIONAL ENGINEERS AND GEOSCIENTISTS OF NEWFOUNDLAND |
Plaintiffs
- and -
| MEMORIAL UNIVERSITY OF NEWFOUNDLAND |
Defendant
REASONS FOR ORDER