Dubé, J.:—This motion turns out to be an application for the determination of a specific question of law under Rule 474 and not a motion to strike out under Rule 419. Rule 474 contemplates two stages: Firstly, an application for an order that a specific question be determined and directions as to the time and place for arguments and the case to be presented; this normally includes an agreement as to the basic relevant facts and the question to be put. Secondly, the hearing of the arguments in the matter. See Carota v. Jamieson et al., [1977] 2 F.C. 239.
The purpose of the rule is that a question of law should be set down for determination only if the determination will dispose of the entire action (see Honeywell Inc. v. Litton Systems Canada Ltd. (1982), 67 C.P.R. (2d) 129 (F.C.T.D.)).
Rule 474 can only be used where (1) all the essential facts are admitted, (2) the question is one of law and (3) the decision to be rendered is likely to finally dispose of the matter or at least a substantial part of the action. The procedure is only appropriate where there is a consensus between the parties and the Court on the need for preliminary determination. See Sibo Inc. et al. v. Posi-Slope Enterprises Inc. (1984), 5 C.P.R. (3d) 111 (F.C.T.D.).
In Beloit Canada Lteé v. Valmet OY (1986), 4 W.D.C.P. 320 (F.C.T.D.) the Court declined to direct that there be a trial of a single, but contested, issue in the absence of consent by all parties, where it was urged that the single issue might be dispositive of the whole action.
In the instant action, counsel for the plaintiff had not consulted counsel for the defendant on this motion, there was no agreement on the basic facts involved and it seems obvious to me that even if a question could be put and answered by the Court, the answer would not finally dispose of the matter: a trial would still have to be held.
Under the circumstances, as I informed counsel from the bench, this is not a proper matter for a Rule 474 determination of law. The motion is denied, with costs in the cause.
Motion denied.