Date: 19981112
Docket: T-739-92
BETWEEN:
MICHAEL W. SQUIRE
Plaintiff
- and -
CHARLTON INTERNATIONAL INC.
and DISTICOR
Defendants
REASONS FOR ORDER AND ORDER
GILES A.S.P.:
[1] The matter before me is a status review. The plaintiff has been ordered to show cause why the matter should not be dismissed. In this review it is not intended that there be an exchange of evidence. It is for the plaintiff to indicate that there is some reason for the action not having proceeded to trial, and for me to determine if it should be allowed to continue.
[2] I note that the rule is not solely intended to clear out the backlog of cases, but will continue in existence in the future and will then apply to comparatively short time periods of 6 months or 360 days. It is not contemplated that there will be evidence submitted nor oral argument heard. Therefore, it is not, in my view, intended to be the equivalent of a motion to dismiss for want of prosecution but brought by the Court.
[3] The same rule applies where there is substantial delay as to those where the delay is but 360 days, and in my view the same test should be applied. I do not intend to require the plaintiff to respond as he would have to had a motion to dismiss for want of prosecution been filed with evidence and the possibility of cross-examination.
[4] In my view it is sufficient for the plaintiff to give an acceptable reason for the delay and show that the matter should continue. (Should a defendant be prejudiced the defendant can bring a motion under Rule 167 in the ordinary way.) If the Court is satisfied that the proceeding should be allowed to continue it will continue under case management.
[5] I am satisfied that the proceeding should continue.
ORDER
It is ordered that this proceeding continue as a specially managed proceeding.
It is further ordered that a settlement hearing under Rule 257 be held within two weeks and that discoveries be commenced before December 15, 1998.
"Peter A.K. Giles"
A.S.P.
TORONTO, ONTARIO
November 12, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-739-92
| STYLE OF CAUSE: MICHAEL W. SQUIRE |
- and -
| CHARLTON INTERNATIONAL INC. |
and DISTICOR
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 369.
REASONS FOR ORDER AND
ORDER BY: GILES, A.S.P.
DATED: THURSDAY, NOVEMBER 12, 1998
SOLICITORS OF RECORD: Macera & Jarzyna
| Barristers & Solicitors |
1200 - 81 Metcalfe St.
| Ottawa, Ontario |
| K1P 6K7 |
For the Plaintiff
| Lang Michener |
Barristers & Solicitors
BCE Place
P.O. Box 747
Suite 2500
181 Bay Street
Toronto, Ontario
M5J 2T7
| For the Defendants |
FEDERAL COURT OF CANADA
Date: 19981112
Docket: T-739-92
Between:
| MICHAEL W. SQUIRE |
Plaintiff
- and -
| CHARLTON INTERNATIONAL INC. |
and DISTICOR
Defendants
REASONS FOR ORDER AND ORDER