Date: 20010723
Docket: T-791-94
Ottawa, Ontario, Monday, the 23rd day of July, 2001
BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM
BETWEEN:
PAUL KENNETH FRANCIS,
Plaintiff
-and-
HER MAJESTY THE QUEEN,
THE ATTORNEY GENERAL OF CANADA, and
THE MINISTER OF INDIAN AND NORTHERN AFFAIRS
REASONS FOR ORDER AND ORDER
[1] On April 5, 1994, the plaintiff, Paul Kenneth Francis, filed into the Federal Court Registry a statement of claim naming Her Majesty the Queen, the Attorney General of Canada, and the Minister of Indian and Northern Affairs as defendants.
[2] The Deputy Attorney General of Canada, on behalf of the defendants, on November 25, 1994, filed into the Court Registry a statement of defence.
[3] As a result of a notice of status review, the undersigned held a meeting with counsel, via teleconference, on the 22nd of June 1999 where it was ordered:
1. The affidavit of documents is to be served and filed on or before January 31, 2000;
2. Discoveries are to commence February 28, 2000 and to be completed on or before March 31, 2000;
3. Further discoveries and/or motions arising therefrom are to be completed on or before May 30, 2000;
4. A request for a pre-trial conference to be served and filed on or before June 30, 2000.
[4] I am now told that, as of June 20, 2001, no pre-trial conference has been requested.
[5] In that this case commenced just over seven years ago and, it would appear that the plaintiff has no desire to pursue his claim as he failed to file a request for a pre-trial conference as the Court ordered, the claim of the plaintiff is dismissed with costs payable to the defendants.
ORDER
The claim of the plaintiff is dismissed with costs payable to the defendants.
"Max M. Teitelbaum"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-791-94
STYLE OF CAUSE: PAUL KENNETH FRANCIS v. HER MAJESTY THE QUEEN
PLACE OF HEARING: VANCOUVER, BRITISH COLUMBIA
DATE OF HEARING: JUNE 22, 1999
REASONS FOR ORDER AND ORDER
DATED: JULY 23, 2001
APPEARANCES:
GARY CORSANOFOR PLAINTIFF
JONATHAN TARLTONFOR DEFENDANT
SOLICITORS OF RECORD:
SAMPSON McDOUGALLFOR PLAINTIFF
SYDNEY, NOVA SCOTIA
MR. MORRIS ROSENBERGFOR DEFENDANT
DEPUTY ATTORNEY GENERAL OF CANADA