Date: 19981109
Docket: T-524-94
BETWEEN:
SCEPTER MANUFACTURING COMPANY LIMITED
Plaintiff
- and -
NORSEMAN PLASTICS LIMITED
Defendant
REASONS FOR ORDER AND ORDER
GILES A.S.P.:
[1] It is my view that at least where most of the delay has preceded the new rules, some reason for delay will usually lead to a conclusion that a matter should continue. Here no reason for delay has been given. A letter written "without prejudice" suggesting arbitration can scarcely excuse or even provide a semblance of reason for a subsequent four year delay. I note that in dismissing this action for delay no issues between the parties will be resolved. Nevertheless, I intend to do so.
[2] There is a counter-claim in this action for which notice of status review has not been sent. It is my view that in dismissing the action I do not preclude the plaintiff from moving to dismiss the counter-claim for delay if so advised.
ORDER
This action is dismissed for delay.
"Peter A.K. Giles"
A.S.P.
TORONTO, ONTARIO
November 9, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-524-94
| STYLE OF CAUSE: SCEPTER MANUFACTURING COMPANY LIMITED |
- and -
| NORSEMAN PLASTICS LIMITED |
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 369.
REASONS FOR ORDER AND
ORDER BY: GILES, A.S.P.
DATED: MONDAY, NOVEMBER 9, 1998
SOLICITORS OF RECORD:
Blake, Cassels & Graydon Barristers & Solicitors
P.O. Box 25
Commerce Court West
Toronto, Ontario M5L 1A9
For the Plaintiff
Gowling Strathy Henderson Barristers & Solicitors
Suite 4900
Box 438, Commerce Court West
Toronto, Ontario
M5L 1J3
For the Defendant
| FEDERAL COURT OF CANADA |
| Date: 19981109 |
| Docket: T-524-94 |
| Between: |
| SCEPTER MANUFACTURING COMPANY LIMITED |
| Plaintiff |
| - and - |
| NORSEMAN PLASTICS LIMITED |
| Defendant |
| REASONS FOR ORDER AND ORDER |