Air Canada v. Lorenz, docket T-2463-97

     Date: 19980901

     Docket: T-2463-97

MONTRÉAL, QUEBEC, THE 1^st DAY OF SEPTEMBER, 1998

PRESENT:      Mr. RICHARD MORNEAU, PROTHONOTARY

Between:

AIR CANADA

Applicant

AND

ARTHUR E. LORENZ

and

THE ATTORNEY GENERAL OF CANADA

Respondents

     Motion by the respondent ARTHUR E. LORENZ that this Court:

1.      extend the period for filing the affidavits of Arthur E. Lorenz and Karen Ann Lorenz to September 1, 1998;

2.      extend the period for cross-examination on affidavits filed by the plaintiff Air Canada to September 22, 1998; and

3.      award him the costs of this motion.

[Rules 7 and 8 of the Federal Court Rules]

REASONS FOR ORDER AND ORDER

Mr. RICHARD MORNEAU, PROTHONOTARY:

[1]      Although the reasons advanced by respondent"s counsel are not the most satisfactory ones for obtaining the extension that is sought, the mischief that respondent would suffer if the affidavits in dispute were not filed is clear and at the end of the day this is the decisive factor in granting the respondent a very short extension of time. Pursuant to rules 401 and 410(2), the respondent warrants an order to pay the costs of this motion. Accordingly,

-      the respondent Arthur E. Lorenz shall within two (2) days of this order serve and file his affidavit and the affidavit of Karen Ann Lorenz;

-      the schedule outlined in points 3 et seq. of the order of Hugessen J.A., dated April 8, 1998, shall apply effective from the date of filing referred to in the preceding paragraph;

-      the respondent Arthur E. Lorenz is ordered to pay costs of $350; and

-      the motion by the respondent Arthur E. Lorenz is otherwise dismissed.

Richard Morneau

Prothonotary

Certified true translation

Bernard Olivier

Federal Court of Canada

Court file no. T-2463-97

BETWEEN

AIR CANADA

Applicant

- and -

ARTHUR E. LORENZ

and

THE ATTORNEY GENERAL OF CANADA

Respondents

REASONS FOR ORDER

AND ORDER

FEDERAL COURT OF CANADA

NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE NO.                  T-2463-97

STYLE:                  AIR CANADA

Applicant

AND

ARTHUR E. LORENZ

and

THE ATTORNEY GENERAL OF CANADA

Respondents

PLACE OF HEARING:          Montréal, Quebec

DATE OF HEARING:          August 31, 1998

REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY

DATED:                  September 1, 1998

APPEARANCES:

Mr. Alexandre Buswell/Mr. Gary Rosen          for the applicant

Mr. Guy Lemay                      for the respondent Arthur E. Lorenz

Mr. Sadran Campbell                      for the Attorney General of Canada

SOLICITORS OF RECORD:

Heenan Blaikie                          for the applicant

Mr. Richard Charney

Toronto, Ontario

Lavery, de Billy                      for the respondent Arthur E. Lorenz

Mr. Guy Lemay

Montréal, Quebec

George Thomson                      for the Attorney General of Canada

Deputy Attorney General of Canada