Date: 19980520
Docket: T-2836-92
MONTRÉAL, QUEBEC, THE 20th DAY OF MAY 1998
Present: RICHARD MORNEAU, PROTHONOTARY
Between:
PALMAR INC.
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] For the time being, this motion by the plaintiff under Rule 324 of the Federal Court Rules for leave to amend its statement of claim filed on November 20, 1992, must be dismissed.
[2] The Court simply cannot, on the basis of the affidavit filed in support of the motion, ascertain whether the many amendments the plaintiff proposes to make are appropriate.
[3] In addition, comparing the text of the 1992 statement of claim with that of the amended statement of claim filed in support of the motion, it appears to me that the amended statement of claim contains many hidden amendments which are not underlined as new material.
[4] Nor does the respondent"s record which the defendant filed in support of the motion at bar contain an affidavit such as would establish the facts on which she relies in her written representations, the meaning of which is often hard to decipher.
[5] Accordingly, this Court hereby:
[6] Dismisses the plaintiff"s motion;
[7] Orders counsel for the plaintiff, within twenty (20) days of the instant order, to consider the possibility of conducting examinations for discovery before contemplating amendments to their client"s statement of claim;
[8] Reserves the plaintiff"s right to bring a fresh motion to amend its statement of claim, provided the motion is returnable before this Court. Any such motion must therefore comply with the relevant provisions of the Federal Court Rules, 1998.
[9] Costs in the cause.
Richard Morneau
Prothonotary
MONTRÉAL, QUEBEC
May 20, 1998
Certified true translation
Peter Douglas
Federal Court of Canada
Court No. T-2836-92
BETWEEN
PALMAR INC.
Plaintiff
" and "
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.:
STYLE OF CAUSE:
T-2836-92
PALMAR INC.
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
MOTION IN WRITING CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES
REASONS FOR ORDER BY RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER:May 20, 1998
WRITTEN REPRESENTATIONS BY:
Marie-Andrée Hotte for the plaintiff
Jean Lavigne for the defendant
SOLICITORS OF RECORD:
Marie-Andrée Hottefor the plaintiff
Sylvestre & Associés
Saint-Hyacinthe, Quebec
George Thomsonfor the defendant
Deputy Attorney General of Canada
Ottawa, Ontario
Email this Content