Date: 20020207
Docket: T-954-99
Neutral reference: 2002 FCT 143
Montréal, Quebec, February 7, 2002
Before: Richard Morneau, prothonotary
BETWEEN:
HERMES NUMISMATIQUE ET ART ANCIEN, INC.
Plaintiff
and
MINISTER OF NATIONAL REVENUE
(CUSTOMS AND EXCISE)
Defendant
and
GOVERNMENT OF THE ARAB REPUBLIC OF SYRIA
Intervener
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY
[1] It is clear from the orders of this Court dated June 1, 2001 and January 7, 2002 that the intervener was entitled to proceed to an examination for discovery of the plaintiff within the same parameters as those of the defendant.
[2] At the same time, since the defendant could reasonably have held his examination on January 24, 2002 his motion should be dismissed without costs and the following new schedule instituted. The intervener will be entitled to costs amounting to $400, payable by the plaintiff at once. The intervener's motion is otherwise denied.
1. February 11, 2002: last date for submission to defendant of undertakings made in the plaintiff's examination;
2. On or before February 28, 2002: defendant to proceed with examination of the plaintiff and full examination of the latter by the intervener;
3. On or before March 15, 2002: submission of undertakings made in the plaintiff's examination, mentioned in point 2 above;
4. On or before April 12, 2002: filing and service of defence;
5. On or before April 26, 2002: filing and service of reply;
6. On or before May 17, 2002: filing and service of affidavits of documents of the plaintiff and defendant, and filing and service of the intervener's statement of intervention, if necessary;
7. On or before May 31, 2002: examination of defendant by the plaintiff;
8. On or before June 14, 2002: filing and service by the plaintiff and defendant of their replies to the intervention;
9. On or before June 28, 2002: filing and service by the plaintiff of the application for a pre-trial conference, accompanied by the pre-trial conference memorandum.
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Richard Morneau
prothonotary |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
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FEDERAL COURT OF CANADA TRIAL DIVISION
Date: 20020207
Docket: T-954-99
Between:
HERMES NUMISMATIQUE ET ART ANCIEN, INC.
Plaintiff and
MINISTER OF NATIONAL REVENUE (CUSTOMS AND EXCISE)
Defendant and
GOVERNMENT OF THE ARAB REPUBLIC OF SYRIA
Intervener
REASONS FOR ORDER AND ORDER
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FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: T-954-99
STYLE OF CAUSE: HERMES NUMISMATIQUE ET ART ANCIEN, INC.
Plaintiff
and
MINISTER OF NATIONAL REVENUE
(CUSTOMS AND EXCISE)
Defendant
and
GOVERNMENT OF THE ARAB REPUBLIC OF SYRIA
Intervener
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 4, 2002
REASONS FOR ORDER AND ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: February 7, 2002
APPEARANCES:
Michael G. Woods FOR THE PLAINTIFF
Jacques Mimar FOR THE DEFENDANT
Sami Iskandar FOR THE INTERVENER
SOLICITORS OF RECORD:
Gottlieb & Pearson FOR THE PLAINTIFF
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Montréal, Quebec
Sami Iskandar FOR THE INTERVENER
Montréal, Quebec