Date: 20041022
Docket: T-2154-02
Citation: 2004 FC 1475
Montréal, Quebec, the 22nd day of October 2004
Present: RICHARD MORNEAU, PROTHONOTARY
BETWEEN:
RÉAL BÉLANGER
Plaintiff
and
THE MINISTER OF NATIONAL REVENUE
Defendant
Motion by the defendant pursuant to Rule 369 of the Federal Court Rules, 1998, asking the Court to strike the plaintiff's requisition for a pre-trial conference and dismiss his action.
REASONS FOR ORDER AND ORDER
[1] Although it could be argued that in fact the plaintiff has not complied with the rules and past orders of this Court, the fault that subsists results from the fact that the plaintiff did not file affidavits of documents. If such is the case, it means that ultimately the plaintiff is relying on the defendant's documents.
[2] Although this is not an excuse for not filing an affidavit of documents, I consider that in the circumstances of the case at bar the present situation does not create such a hardship for the defendant that he is entitled to have the plaintiff's action dismissed.
[3] Consequently, this motion by the defendant is dismissed: costs in the cause.
[4] However, since the plaintiff did not file an affidavit of documents, he is now barred from seeking to do so and henceforth the plaintiff will be considered as regarding the documents listed by the defendant in his affidavit of documents as the only relevant documents in prosecuting his action.
[5] The requisition for a pre-trial conference is allowed and in connection therewith the parties will be consulted in the usual way to set a date on which it is to take place.
|
Richard Morneau
Prothonotary |
Certified true translation
Jacques Deschênes, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-2154-02
STYLE OF CAUSE: RÉAL BÉLANGER
Plaintiff
and
THE MINISTER OF NATIONAL REVENUE
Defendant
WRITTEN MOTION CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER: RICHARD MORNEAU, PROTHONOTARY
DATED: October 22, 2004
WRITTEN SUBMISSIONS BY:
Réal Bélanger FOR THE PLAINTIFF
Jacques Mimar FOR THE DEFENDANT
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada