Date: 20000803
Docket: T-548-00
BETWEEN:
EGLON GORDON
Applicant
-and-
THE CANADIAN HUMAN RIGHTS COMMISSION,
THE ATTORNEY GENERAL OF CANADA AND
CANPAR TRANSPORT LTD.
Respondents
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The motion before me is for an extension of time within which to file the Applicant"s affidavits. The Applicant who filed the original application personally states his lawyer left the country and also that his lawyer will not continue if unpaid. He had no lawyer of record. He still has no lawyer of record. He is entitled to proceed without a lawyer, but must do so in accordance with the Rules .
[2] The original application herein shows the Canadian Human Rights Commission ("CHRC"), the Attorney General of Canada ("AG") and Canpar Transport Ltd. ("Canpar") as Respondents. Although served, Canpar has not opposed an extension of time. Nor has CHRC. However, the AG has opposed the motion and points out that neither CHRC nor the AG are proper parties. The AG also opposes the motion on the merits. Submitting that all the delay has not been excused and that no arguable case has been shown.
[3] I agree that CHRC and the AG are not proper parties and I am not prepared to extend time until an arguable case has been shown to exist against all Respondents. In reply the Applicant indicates that if the Court finds the AG and CHRC should not have been made parties, he would agree to their removal. This Court will only remove parties on motion. If the Applicant moves to remove any of the Respondents, he should consider suggesting a fixed amount for costs under Rule 402 rather than incurring the further costs of an assessment.
ORDER
[4] This motion is dismissed without prejudice to the Applicant"s right to reapply within 40 days should he be so advised.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
August 3, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: EGLON GORDON |
| THE CANADIAN HUMAN RIGHTS COMMISSION, THE ATTORNEY GENERAL OF CANADA AND |
CANPAR TRANSPORT LTD.
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
| DATED: THURSDAY, AUGUST 3, 2000 |
WRITTEN SUBMISSIONS BY: Eglon Gordon
For the Applicant, on his own behalf
Lara Speirs
For the Respondents
SOLICITORS OF RECORD: Eglon Gordon
567 Oakwood Avenue
Toronto, Ontario
M6E 2X6
For the Applicant, on his own behalf
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondents
FEDERAL COURT OF CANADA
Date: 20000803
Docket: T-548-00
Between:
| THE CANADIAN HUMAN RIGHTS COMMISSION, THE ATTORNEY GENERAL OF CANADA AND |
CANPAR TRANSPORT LTD.
AND ORDER
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