Date: 19980519
Docket: T-2298-92
MONTRÉAL, QUEBEC, THE 19th DAY OF MAY 1998
Present: RICHARD MORNEAU, PROTHONOTARY
Between:
ERNEST EVANS
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY
[1] There are two motions before the Court. One, made by the plaintiff"s present counsel, is for removal from the record. The other motion, made by the defendant under Rule 440 of the Federal Court Rules , is for dismissal of the plaintiff"s action.
[2] After hearing counsel for both parties, the Court hereby orders:
| - that both motions and the instant order be posted at the Registry of the Court in Montréal for a period of forty-five (45) days (the notice period); |
| - If the plaintiff has not approached his counsel by the 30th day of the notice period, counsel will be deemed to be removed from the record as of the date of filing of a straightforward letter to that effect; |
| - As for the defendant"s motion under Rule 440 of the Federal Court Rules , if the plaintiff has not, by the 45th day of the notice period, served notice on counsel for the defendant that he intends to prosecute his action with due despatch, counsel for the defendant may so advise the Registry at that time by filing a letter to that effect, and the plaintiff"s action will be deemed to have been dismissed with costs. |
Richard Morneau
Prothonotary
MONTRÉAL, QUEBEC
May 19, 1998
Certified true translation
Peter Douglas
Federal Court of Canada
Court No. T-2298-92
BETWEEN
ERNEST EVANS
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-2298-92
ERNEST EVANS
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 19, 1998
WRITTEN REPRESENTATIONS BY:
C. Mostovac for the plaintiff
C. Camirand for the defendant
SOLICITORS OF RECORD:
C. Mostovacfor the plaintiff
Ravinsky Ryan
Montréal, Quebec
C. Camirandfor the defendant
Federal Department of Justice
Ottawa, Ontario