Date: 20060111

Docket: T-1469-05

Citation: 2006 FC 19

Montréal, Quebec, January 11, 2006

PRESENT: PROTHONOTARY RICHARD MORNEAU

 

BETWEEN:

CP SHIPS TRUCKING LTD.

(formerly known as

 CAST TRANSPORT INC.)

 

Plaintiff

 

and

 

GUNTER M. KUNTZE

and

ENTREPRISE GUNTER M. KUNTZE & FILS INC.

 

Defendents

 

 

            Written motion by the plaintiff to extend the deadline applicable to the service and the filing of its motion records with respect to:

 

a)         defendant Gunter M. Kuntze’s motion to set aside and dismiss the application for judicial review; and

b)         defendant Gunter M. Kuntze’s motion to strike out the name of defendent Entreprise Gunter M. Kuntze & Fils Inc. from the application for judicial review.

 

[Rules 8 and 369 of the Federal Courts Rules]

 

REASONS FOR ORDER AND ORDER

 

[1]               WHEREAS, for such a motion, the four criteria to be weighed are those identified as follows in Canada (Attorney General) v. Hennelly (1999), 244 N.R. 399:

1.             a continuing intention to pursue his or her application;

2.             that the application has some merit;

3.             that no prejudice to the respondent arises from the delay; and

4.             that a reasonable explanation for the delay exists.

 

 

[2]               WHEREAS I find that the plaintiff has fully met the first three criteria;

 

[3]               WHEREAS with respect to the fourth criterion, that is, the existence of a reasonable explanation for the delay, the affidavit submitted by the plaintiff in support of its motion shows that it is partly by mistake and inadvertence, possibly due to a work overload, that the plaintiff missed the deadline provided for by subsection 369(2) of the Federal Courts Rules (the Rules);

 

[4]               WHEREAS, however, in view of all the four aforementioned criteria, it is in the interest of justice to grant plaintiff’s motion for an extension of time;

[5]               WHEREAS, furthermore, on November 25, 2005, that is, after the deadline provided for by Rule 369(2), this Court nevertheless authorized the plaintiff to file this motion;

 

[6]               FOR THESE REASONS, the Court:

 

            GRANTS as follows the plaintiff’s motion:

 

The plaintiff shall file on or before January 16, 2006 the motion records served on the defendents on November 24, 2005 with respect to the following motions by the defendants:

                        a)         defendent Gunter M. Kuntze’s motion to set aside and dismiss the application for judicial review; and

                        b)         defendent Gunter M. Kuntze’s motion to strike out the name of defendant Entreprise Gunter M. Kuntze & Fils Inc. from  the application for judicial review.

 

            VALIDATES the service made by the plaintiff on November 24, 2005.

 

As to costs, notwithstanding the fact that the plaintiff’s motion is granted, the Court, in its discretion, grants the defendents costs in the amount of $200.

 

 

“Richard Morneau”

 

 

 

 

 

 

Certified true translation

François Brunet, LLB, BCL

 

 

 

 

 

 

 

FEDERAL COURT

 

                                                      SOLICITORS OF RECORD

 

 

DOCKET:                                                                  T-1469-05

 

STYLE OF CAUSE:                                                  CP SHIPS TRUCKING LTD. (FORMERLY KNOWN AS CAST TRANSPORT INC.) v. GUNTER M. KUNTZE and ENTREPRISE GUNTER M. KUNTZE & FILS INC.

 

 

WRITTEN MOTION REVIEWED IN MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES

 

REASONS FOR ORDER BY:                                 Prothonotary Morneau

 

DATED:                                                                     January 11, 2006

 

 

WRITTEN SUBMISSIONS BY:

 

Hubert Larose		FOR THE PLAINTIFF
Benoît Laurin		FOR THE DEFENDENTS

 

SOLICITORS OF RECORD:

 

Kaufman, Laramée Montréal, Quebec		FOR THE PLAINTIFF
Pépin et Roy (Legal Department, CSN) Montréal, Quebec		FOR THE DEFENDENTS