Francis v. The Queen, 2001 FCT 860

                                                                                                                                  Date: 20010723

                                                                                                                               Docket: T-791-94

Ottawa, Ontario, Monday, the 23^rd 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

                                                                                                                                         Defendants

                                            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 22^nd 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