Date: 19980514
Docket: T-810-91
MONTRÉAL, QUEBEC, THE 14th DAY OF MAY 1998
Present: RICHARD MORNEAU, PROTHONOTARY
Between:
IONNIS MAVRIKAKIS
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
Motion by the Deputy Attorney General of Canada, on behalf of Her Majesty the Queen, for an order dismissing the plaintiff's action.
[Rule 440 of the Federal Court Rules]
REASONS FOR ORDER AND ORDER
Whereas the defendant filed a motion under Rule 440 of the Federal Court Rules;
Whereas the defendant filed the affidavit of Martin Gentile in support of her motion;
Whereas the defendant established that she had run into problems in serving pleadings on the plaintiff;
Whereas the plaintiff advised this Court at the hearing that his address for service from that day forward would be the following:
300, Place d'Youville
Pièce C-30
Montréal, Quebec
H2Y 2B6
Whereas the plaintiff and the defendant acknowledged that their respective pleadings were closed and that they were ready for trial;
Whereas the plaintiff clearly indicated to the Court that he was available for the entire month of October 1998 and the following months, such that if it were necessary to proceed to trial, the trial could be held at that time;
Whereas the Court is still prepared to believe that the plaintiff wishes to have the matter brought to trial as soon as possible and that his handling of the case should not be interpreted as showing that he is not prosecuting the matter with due despatch;
Considering the application of the new Federal Court Rules, 1998 (the Rules);
IT IS HEREBY ORDERED THAT:
The plaintiff shall inform this Court and counsel for the defendant by mail of any change to his address for service, giving ten (10) days' notice before the said change of address.
The plaintiff shall telephone counsel for the defendant no later than May 25, 1998 in order to hold and conclude the discussions contemplated by Rule 257.
If the discussions under Rule 257 do not dispose of the matter, the plaintiff shall, no later than June 15, 1998, serve and file a requisition for a pre-trial conference in accordance with Rule 258.
In the interim, the defendant's motion under Rule 440 of the Federal Court Rules is adjourned sine die. Should the plaintiff fail to comply with the instant order, the defendant may reactivate her motion by serving and filing a new notice of return of motion and an affidavit establishing non-compliance. If such a notice is served and filed and the plaintiff wishes to respond to it, he shall do so by serving and filing an affidavit, and should not expect his oral representations or statements to be admitted in evidence by the Court at the hearing.
Richard Morneau
Prothonotary
Certified true translation
Peter Douglas
PLACE OF HEARING:Montréal, Quebec
DATE OF HEARING:May 11, 1998
REASONS FOR ORDER BY RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER:May 14, 1998
APPEARANCES:
Ionnis Mavrikakis for the plaintiff
Anne-Marie Desgens for the defendant
SOLICITOR OF RECORD:
George Thompson for the defendant
Federal Department of Justice
Ottawa, Ontario
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