Giles,
A.S.P.:—A
motion
is
before
me
under
Rule
324
filed
on
behalf
of
the
Crown
for
dismissal
of
an
income
tax
appeal
for
want
of
prosecution.
It
is
apparent
from
the
file
that
the
plaintiff
acts
for
himself
and
has
been
conducting
his
case
by
responding
to
the
initiatives
of
the
counsel
for
the
defendant.
Notice
of
the
motion
before
me
was
served
on
the
plaintiff
in
July
although
not
filed
in
the
Court
Registry
until
September
7.
On
August
16
a
notice
of
motion
by
the
plaintiff
was
filed.
It
read
in
part:
Take
Notice
that
the
plaintiff,
in
writing
pursuant
to
Rule
440(1)
is
requesting
his
appeal
be
dealt
with
And
Take
Notice
in
support
of
my
motion
written
submissions
filed,
and
other
material.
This
motion
was
covered
by
a
letter
which
read
in
part:
"The
plaintiff
requests
that
this
motion
be
dealt
with
personal
appearance
of
the
parties
or
their
counsel
as
provided
by
General
Rules
and
Orders
of
the
Federal
Court
of
Canada."
In
my
view,
the
plaintiff
has
indicated
a
wish
to
have
his
case
heard
but
has
little
idea
of
how
to
proceed.
I
note
that
in
March
1987,
counsel
for
the
defendant
advised
the
plaintiff
that
two
other
cases
involving
Con
Rail
employees
were
proceeding
and
suggested
that
the
matters
be
consolidated.
This
does
not
appear
to
have
happened,
but
it
may
be,
that
if
the
plaintiff
inspected
the
files
in
the
other
two
cases
which
presumably
have
progressed
in
the
last
three
years,
he
would
have
some
guidance
as
to
how
he
might
proceed
or
whether
to
proceed.
It
may
well
be
that
time
would
be
saved
if
the
defendant's
counsel
indicated
to
the
plaintiff
the
names
of
the
files
and
where
they
may
be
inspected.
There
is
no
evidence
before
me
that
the
plaintiff's
motion
has
ever
been
served
on
the
defendant
and
I
cannot
dispose
of
it
until
the
defendant
has
had
an
opportunity
to
respond.
With
regard
to
the
defendant's
motion,
I
note
that
the
next
step
in
the
proceedings
would
have
been
discoveries.
The
defendant
has
filed
an
affidavit
indicating
an
attempt
to
arrange
for
discoveries
by
letter
and
no
response
has
been
received.
The
plaintiff
has
indicated
in
his
written
submissions
in
response
to
the
motion
that
he
did
not
receive
the
letter
and
was
not
contacted
with
regard
to
discoveries.
I
note
that
it
is
up
to
the
plaintiff,
not
the
defendant,
to
prosecute
the
action.
I
intend
to
dismiss
the
defendant's
motion
without
prejudice
to
its
right
to
move
again
for
dismissal
if
within
one
month
of
the
date
of
this
order,
the
plaintiff
has
not
contacted
counsel
for
the
defendant
to
arrange
a
convenient
time
and
place
for
the
defendant
to
discover
the
plaintiff.
If
the
parties
are
not
able
to
arrange
for
discovery
of
the
plaintiff
to
commence
within
two
months
of
the
date
of
this
order,
either
party
may
arrange
through
the
Registry
at
Toronto
for
the
matter
to
be
spoken
to.
I
note
that
the
plaintiff
is
entitled
to
examine
for
discovery
a
representative
of
the
defendant
should
he
wish
to
do
so,
and
that
expense
might
be
saved
by
arranging
for
such
discovery
on
the
same
day
as
his
own
discovery
takes
place.
Order
The
defendant's
motion
is
dismissed
without
prejudice
to
its
right
to
move
again
for
dismissal
if
within
one
month
of
the
date
of
this
order
the
plaintiff
has
not
contacted
counsel
for
the
defendant
to
arrange
a
convenient
time
and
place
for
the
defendant
to
discover
the
plaintiff.
Motion
dismissed.
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