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Date: 19990330


Docket: T-2354-98

BETWEEN:

     SEBASTIAN FRANK NUCCI

     Plaintiff

     - and -

     HER MAJESTY THE QUEEN

     Defendant

     REASONS FOR ORDER

CULLEN J.:

[1]      Pursuant to Rule 383, and by Order of the A.C.J. Richard, dated 4 February 1999, this action was designated a specially managed proceeding, and I was appointed as the case management judge.

[2]      Counsel for the Crown sought in camera meetings, due to sensitive information that may have to be advanced, and this was agreed to by the parties.

[3]      It was accepted by the parties that the first meeting take place in Winnipeg on Wednesday, March 24, 1999.

[4]      The applicant was not represented by counsel.

[5]      After preliminary comments by counsel for the defendant, and discussions with the applicant, and suggestions by myself, the following was suggested and accepted by the parties:

(a)      All future meetings would be held in camera;
(b)      All statements of claim and motions in the context of the statement of claim would be dismissed, i.e. T-2316-97 and T-2354-98 without prejudice to filing further statements of claim;
(c)      All statements of defence would be dismissed without prejudice to filing further statements of defence;
(d)      A significant time would be given to the applicant to secure counsel and to file a statement of claim, and 30 days seems appropriate;
(e)      20 days will be allowed to the defendant to file her statement of defence;
(f)      The plaintiff will be allowed 10 days to file his reply;
(g)      The parties will advise the Court, through me when they will be able to begin and complete their respective examinations for discovery;
(h)      A meeting should probably be held very soon after the plaintiff secures counsel;
(i)      Other meetings can be arranged on a most informal basis, by simply calling the most convenient Federal Court office, who will then get in touch with myself. It is understood among the parties that no one-on-one meetings are to occur, which involve the designated judge.

OTTAWA, ONTARIO     

    

March 30, 1999.      J.F.C.C.

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