Jerome
A.C.J.:
This
is
a
motion
by
the
plaintiff
to
quash
the
order
rendered
on
July
24,
1996
and
to
issue
the
necessary
guidelines
in
regard
to
the
procedure
governing
the
course
of
this
action
and
the
prosecution
of
this
action.
On
July
24,
1996,
I
issued
a
judgment
ordering
the
peremption
of
this
action
since
the
plaintiff
had
not
prosecuted
the
matter
since
the
filing
of
the
defence
and
cross-demand
on
March
24,
1988.
On
June
16,
1997,
one
year
later,
the
plaintiff’s
counsel
brought
the
present
motion
and
explained
that
he
was
unable
to
contest
the
peremption
order
when
it
was
before
this
Court.
He
was
on
vacation
when
the
notice
was
served
to
his
office
and
no
one
had
mentioned
it
to
him
since
his
return.
Furthermore,
the
plaintiff
had
not
informed
his
counsel
of
his
desire
to
quash
the
order
of
July
24,
1996
until
June
1997,
following
a
claim
for
payments
by
the
defendant,
Revenue
Canada.
In
my
opinion,
the
plaintiff
has
not
provided
a
satisfactory
explanation
that
would
warrant
quashing
the
order
in
question.
This
motion
is
dismissed.
Motion
dismissed.
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