Date: 19991103
Docket: T-452-97
Vancouver, British Columbia, Wednesday the 3rd day of November, 1999
PRESENT: THE HONOURABLE MR. JUSTICE DENAULT
BETWEEN:
BRITISH COLUMBIA FERRY CORPORATION,
CHEVRON CANADA LIMITED, IMPERIAL OIL LIMITED
| and SHELL CANADA PRODUCTS LIMITED |
Plaintiffs
- and -
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA AS REPRESENTED
BY THE MINISTER OF NATIONAL REVENUE
AND THE SAID MINISTER OF FINANCE
Defendant
UPON MOTION, dated the 30th day of September, 1999, on behalf of the Defendant, pursuant to the Order of Mr. John Hargrave made on the 6th day of July, 1999, for:
| a) an Order granting the Defendant summary judgment dismissing the Plaintiff"s claim; and, |
| b) such further and other relief as this Honourable Court deems just. |
REASONS FOR ORDER AND ORDER
[1] In the instance, this motion for summary judgment was filed by the Defendant on Oct. 6, 1999, long after the date for a 5-day trial (to commence on Jan. 11, 2000) was fixed by Prothonotary Hargrave on July 14, 1999. This motion was filed in clear contravention of unambiguous Rule 213(2) of the Federal Court Rules, 1998, and the fact that a previous Order issued at the end of a pre-hearing conference held on July 6, 1999, had fixed today"s date for the hearing of an eventual motion for summary judgment does not preclude that Rule from being applicable.
[2] Furthermore, having read the statements of submissions of both parties and heard oral representations by counsel for the Defendant, this Court has not been persuaded that a summary judgment, dismissing the Plaintiff"s action, can be rendered at this stage, on the basis of the facts as they now stand.
| [3] Accordingly, this motion for summary judgment dismissing the Plaintiff"s claim is dismissed with costs. |
(Sgd.) "Pierre Denault"
Judge
November 3, 1999
Vancouver, British Columbia
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-452-97
STYLE OF CAUSE: British Columbia Ferry Corporation et al
v.
Her Majesty the Queen
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: November 3, 1999
REASONS FOR ORDER AND ORDER OF DENAULT, J.
DATED: November 3, 1999
APPEARANCES:
| Mr. Edward C. Chiasson For the Plaintiffs |
| Ms. Catharine Moore For the Defendant |
SOLICITORS OF RECORD:
Lander Downs
| Vancouver, BC For the Plaintiffs |
Morris Rosenberg
Deputy Attorney
| General of Canada For the Defendant |