Date: 19980901
Docket: T-2463-97
MONTRÉAL, QUEBEC, THE 1st DAY OF SEPTEMBER, 1998
PRESENT: Mr. RICHARD MORNEAU, PROTHONOTARY
Between:
AIR CANADA
Applicant
AND
ARTHUR E. LORENZ
and
THE ATTORNEY GENERAL OF CANADA
Respondents
Motion by the respondent ARTHUR E. LORENZ that this Court:
| 1. extend the period for filing the affidavits of Arthur E. Lorenz and Karen Ann Lorenz to September 1, 1998; |
| 2. extend the period for cross-examination on affidavits filed by the plaintiff Air Canada to September 22, 1998; and |
| 3. award him the costs of this motion. |
[Rules 7 and 8 of the Federal Court Rules]
REASONS FOR ORDER AND ORDER
Mr. RICHARD MORNEAU, PROTHONOTARY:
[1] Although the reasons advanced by respondent"s counsel are not the most satisfactory ones for obtaining the extension that is sought, the mischief that respondent would suffer if the affidavits in dispute were not filed is clear and at the end of the day this is the decisive factor in granting the respondent a very short extension of time. Pursuant to rules 401 and 410(2), the respondent warrants an order to pay the costs of this motion. Accordingly,
| - the respondent Arthur E. Lorenz shall within two (2) days of this order serve and file his affidavit and the affidavit of Karen Ann Lorenz; |
| - the schedule outlined in points 3 et seq. of the order of Hugessen J.A., dated April 8, 1998, shall apply effective from the date of filing referred to in the preceding paragraph; |
| - the respondent Arthur E. Lorenz is ordered to pay costs of $350; and |
| - the motion by the respondent Arthur E. Lorenz is otherwise dismissed. |
| Richard Morneau |
| Prothonotary |
Certified true translation
Bernard Olivier
Federal Court of Canada
Court file no. T-2463-97
BETWEEN
| AIR CANADA |
| Applicant |
| - and - |
| ARTHUR E. LORENZ |
| and |
| THE ATTORNEY GENERAL OF CANADA |
| Respondents |
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO. T-2463-97 |
| STYLE: AIR CANADA |
Applicant
| AND |
| ARTHUR E. LORENZ |
| and |
| THE ATTORNEY GENERAL OF CANADA |
Respondents
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: August 31, 1998 |
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
| DATED: September 1, 1998 |
APPEARANCES:
Mr. Alexandre Buswell/Mr. Gary Rosen for the applicant
Mr. Guy Lemay for the respondent Arthur E. Lorenz
Mr. Sadran Campbell for the Attorney General of Canada
SOLICITORS OF RECORD:
Heenan Blaikie for the applicant
Mr. Richard Charney
Toronto, Ontario
Lavery, de Billy for the respondent Arthur E. Lorenz
Mr. Guy Lemay
Montréal, Quebec
George Thomson for the Attorney General of Canada
Deputy Attorney General of Canada