Federal Court Decisions

Date: 20041022

Docket: T-2154-02

Citation: 2004 FC 1475

Montréal, Quebec, the 22^nd day of October 2004

Present: RICHARD MORNEAU, PROTHONOTARY

BETWEEN:

                                                             RÉAL BÉLANGER

                                                                                                                                               Plaintiff

and

THE MINISTER OF NATIONAL REVENUE

                                                                                                                                           Defendant

Motion by the defendant pursuant to Rule 369 of the Federal Court Rules, 1998, asking the Court to strike the plaintiff's requisition for a pre-trial conference and dismiss his action.

                                            REASONS FOR ORDER AND ORDER

[1]        Although it could be argued that in fact the plaintiff has not complied with the rules and past orders of this Court, the fault that subsists results from the fact that the plaintiff did not file affidavits of documents. If such is the case, it means that ultimately the plaintiff is relying on the defendant's documents.

[2]        Although this is not an excuse for not filing an affidavit of documents, I consider that in the circumstances of the case at bar the present situation does not create such a hardship for the defendant that he is entitled to have the plaintiff's action dismissed.

[3]        Consequently, this motion by the defendant is dismissed: costs in the cause.

[4]        However, since the plaintiff did not file an affidavit of documents, he is now barred from seeking to do so and henceforth the plaintiff will be considered as regarding the documents listed by the defendant in his affidavit of documents as the only relevant documents in prosecuting his action.

[5]        The requisition for a pre-trial conference is allowed and in connection therewith the parties will be consulted in the usual way to set a date on which it is to take place.

Certified true translation

Jacques Deschênes, LLB

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET:                                                                   T-2154-02

STYLE OF CAUSE:                                                   RÉAL BÉLANGER

                                                                                                                                                 Plaintiff

and

THE MINISTER OF NATIONAL REVENUE

                                                                                                                                             Defendant

WRITTEN MOTION CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE BY PARTIES

REASONS FOR ORDER: RICHARD MORNEAU, PROTHONOTARY

DATED:                                                                      October 22, 2004

WRITTEN SUBMISSIONS BY:

Réal Bélanger                                                                FOR THE PLAINTIFF

Jacques Mimar                                                              FOR THE DEFENDANT

SOLICITORS OF RECORD:

Morris Rosenberg                                                          FOR THE DEFENDANT

Deputy Attorney General of Canada