Date: 19980115
Docket: T-1347-97
TORONTO, Ontario, Thursday, the 15th day of January, 1998
PRESENT: THE HONOURABLE MADAME JUSTICE B. REED
BETWEEN:
WILLIAMS INFORMATION SERVICES CORPORATION,
and WILTEL COMMUNICATIONS (CANADA), INC.
Plaintiffs
- and -
WILLIAMS TELECOMMUNICATIONS CORP.
Defendant
ORDER AND REASONS FOR ORDER
UPON motion dated the 14th day of January, 1998, on behalf on the defendant, for:
1. An order abridging the time for filing the Notice of Motion herein;
2. An order rescinding the Show Cause Order, dated October 6, 1997, in this matter;
| 3. Such further and other relief as to this Honourable Court may seem just and appropriate. |
REED, J.:
[1] This motion was not fully argued, neither with respect to whether short notice should be given, nor on the merits. It was placed before Mr. Justice Joyal on January 14, 1998, and he gave directions as follows:
| |
On review of the file, matters raised by counsel for the Defendant are matters properly raised before the Judge presiding the Show Cause Hearing already set for Toronto on January 15, 1998. |
|
[2] A reading of the written documentation certainly supports a conclusion that the matters raised are properly the subject of a hearing on the merits, not an application to set aside a show cause order. In any event, the motion became moot as a result of a finding made relating to the main motion, upon which the Court asked for argument, and which led to the dismissal of the show cause order.
[3] This motion is therefore dismissed.
Judge
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