St-Germain Transport Ltée v. Canada, docket T-536-92

     Date: 19981002

     Docket: T-536-92

MONTRÉAL, QUEBEC, THE 2^ND DAY OF OCTOBER, 1998

Present:      RICHARD MORNEAU, PROTHONOTARY

In the matter of the Income Tax Act

Between:

ST-GERMAIN TRANSPORT LTÉE

Plaintiff

AND

HER MAJESTY THE QUEEN

Defendant

REASONS FOR ORDER AND ORDER

RICHARD MORNEAU, PROTHONOTARY:

[1]      Pursuant to the notice of status review dated August 13, 1998, and pursuant to the written representations filed by the plaintiff on September 14, 1998, the parties are notified that the Court does not intend to grant the plaintiff additional time in which to obtain any expert"s report.

[2]      The plaintiff has failed to demonstrate that it has made diligent efforts since November 7, 1991 to compile such a report. Even since July 1997, only vague efforts have been made, it seems, since the type of report sought and the accounting firm that would be producing it are not specifically identified. Furthermore, the plaintiff has failed to address the fact that it acted in the Tax Court of Canada with or without an expert"s report.

[3]      Accordingly, an order shall go pursuant to Rule 382(2)(c) of the Federal Court Rules, 1998 (the Rules) that the proceeding shall continue as a specially managed proceeding, and as such the parties shall adhere to the following schedule:

(a)      engage in a settlement discussion under Rule 257 by October 30, 1998;

(b)      in the case of the plaintiff, serve and file a requisition for a pre-trial conference under Rule 258 by November 30, 1998.

Richard Morneau

Prothonotary

Certified true translation

Bernard Olivier

Federal Court of Canada

Court file no. T-536-92

BETWEEN

     ST-GERMAIN TRANSPORT LTÉE

Plaintiff

- and -

     HER MAJESTY THE QUEEN

Defendant

REASONS FOR ORDER AND ORDER

FEDERAL COURT OF CANADA

NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE NO.:                      T-536-92

STYLE:                      ST-GERMAIN TRANSPORT LTÉE

Plaintiff

AND

HER MAJESTY THE QUEEN

Defendant

MOTION IN WRITING EXAMINED IN MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES

REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY

DATED:                      October 2, 1998

WRITTEN OBSERVATIONS BY:

Nathalie Tremblay                  for the plaintiff

Daniel Marecki                  for the defendant

SOLICITORS OF RECORD:

Phillips, Friedman, Kotler              for the plaintiff

Ms. Nathalie Tremblay

Montréal, Quebec

Mr. George Thomson              for the defendant

Deputy Attorney General

of Canada