Date: 19981002
Docket: T-535-92
MONTRÉAL, QUEBEC, THE 2ND DAY OF OCTOBER, 1998
Present: RICHARD MORNEAU, PROTHONOTARY |
In the matter of the Income Tax Act
Between:
ROGER CODERRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] Pursuant to the notice of status review dated August 13, 1998, and pursuant to the written representations filed by the plaintiff on September 14, 1998, the parties are notified that the Court does not intend to grant the plaintiff additional time in which to obtain any expert"s report.
[2] The plaintiff has failed to demonstrate that he has made diligent efforts since November 7, 1991 to compile such a report. Even since July 1997, only vague efforts have been made, it seems, since the type of report sought and the accounting firm that would be producing it are not specifically identified. Furthermore, the plaintiff has failed to address the fact that he acted in the Tax Court of Canada with or without an expert"s report.
[3] Accordingly, an order shall go pursuant to Rule 382(2)(c) of the Federal Court Rules, 1998 (the Rules) that the proceeding shall continue as a specially managed proceeding, and as such the parties shall adhere to the following schedule:
(a) engage in a settlement discussion under Rule 257 by October 30, 1998; |
(b) in the case of the plaintiff, serve and file a requisition for a pre-trial conference under Rule 258 by November 30, 1998. |
Richard Morneau |
Prothonotary |
Certified true translation
Bernard Olivier
Federal Court of Canada
Court file no. T-535-92
BETWEEN
ROGER CODERRE
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE NO.: T-535-92 |
STYLE: ROGER CODERRE |
Plaintiff
AND |
HER MAJESTY THE QUEEN |
Defendant
MOTION IN WRITING EXAMINED IN MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATED: October 2, 1998 |
WRITTEN OBSERVATIONS BY:
Nathalie Tremblay for the plaintiff |
Daniel Marecki for the defendant |
SOLICITORS OF RECORD:
Phillips, Friedman, Kotler for the plaintiff |
Ms. Nathalie Tremblay
Montréal, Quebec
Mr. George Thomson for the defendant |
Deputy Attorney General
of Canada