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Date: 19980520


Docket: T-2836-92

MONTRÉAL, QUEBEC, THE 20th DAY OF MAY 1998

Present:      RICHARD MORNEAU, PROTHONOTARY

Between:

     PALMAR INC.

     Plaintiff

     AND

     HER MAJESTY THE QUEEN

     Defendant

     REASONS FOR ORDER AND ORDER

RICHARD MORNEAU, PROTHONOTARY:

[1]      For the time being, this motion by the plaintiff under Rule 324 of the Federal Court Rules for leave to amend its statement of claim filed on November 20, 1992, must be dismissed.

[2]      The Court simply cannot, on the basis of the affidavit filed in support of the motion, ascertain whether the many amendments the plaintiff proposes to make are appropriate.

[3]      In addition, comparing the text of the 1992 statement of claim with that of the amended statement of claim filed in support of the motion, it appears to me that the amended statement of claim contains many hidden amendments which are not underlined as new material.

[4]      Nor does the respondent"s record which the defendant filed in support of the motion at bar contain an affidavit such as would establish the facts on which she relies in her written representations, the meaning of which is often hard to decipher.

[5]      Accordingly, this Court hereby:

[6]      Dismisses the plaintiff"s motion;

[7]      Orders counsel for the plaintiff, within twenty (20) days of the instant order, to consider the possibility of conducting examinations for discovery before contemplating amendments to their client"s statement of claim;

[8]      Reserves the plaintiff"s right to bring a fresh motion to amend its statement of claim, provided the motion is returnable before this Court. Any such motion must therefore comply with the relevant provisions of the Federal Court Rules, 1998.


[9]      Costs in the cause.

Richard Morneau

     Prothonotary

MONTRÉAL, QUEBEC

May 20, 1998

Certified true translation

Peter Douglas

     Federal Court of Canada

     Court No. T-2836-92

BETWEEN

     PALMAR INC.

     Plaintiff

     " and "

     HER MAJESTY THE QUEEN

     Defendant

     REASONS FOR ORDER

     AND ORDER

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:

STYLE OF CAUSE:

T-2836-92

PALMAR INC.

     Plaintiff

AND

HER MAJESTY THE QUEEN

     Defendant

MOTION IN WRITING CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES

REASONS FOR ORDER BY RICHARD MORNEAU, PROTHONOTARY

DATE OF REASONS FOR ORDER:May 20, 1998

WRITTEN REPRESENTATIONS BY:

Marie-Andrée Hotte for the plaintiff

Jean Lavigne for the defendant

SOLICITORS OF RECORD:

Marie-Andrée Hottefor the plaintiff

Sylvestre & Associés

Saint-Hyacinthe, Quebec

George Thomsonfor the defendant

Deputy Attorney General of Canada

Ottawa, Ontario

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