Prinesdomu v. Teleglobe Canada Inc., docket T-555-97

Date: 19980610

Docket: T-555-97

BETWEEN:

     WALTER PRINESDOMU

     Applicant

     and

     TELEGLOBE CANADA INC.

     Respondent

     ORDER AND REASONS FOR ORDER

NADON, J.:

[1]      The hearing of this judicial review application is adjourned sine die by reason of the fact that neither the Canadian Human Rights Commission (the "CHRC") nor the Attorney General of Canada were served with the Originating Notice of Motion, as required under former Rule 1604.

[2]      The Respondent took the view that, in any event, the judicial review application should be dismissed since it was not served upon it within the delay of 30 days prescribed under subsection 18.1(2) of the Federal Court Act.

[3]      I indicated to the parties that I would order and I hereby do so, the Applicant to file and serve, upon the Respondent, the CHRC and the Attorney General of Canada, a motion to obtain an extension of time to file and serve his judicial review application. The motion shall be filed and served no later than 5:00 p.m. on Tuesday, June 16, 1998. The motion shall be filed under new Rule 369 and it shall be made returnable before me. Until further notice, I shall remain seized of this matter.

[4]      One last point, I indicated to the parties that if I decided to allow the Applicant's motion, I would grant costs to the Respondent with respect to the hearing set down for this day in Toronto. I advised counsel that I would deal with the cost issue in my order on the motion to extend time.

"Marc Nadon"

Judge

Toronto, Ontario

June 10, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          T-555-97

STYLE OF CAUSE:                      WALTER PRINESDOMU

                             - and -

TELEGLOBE CANADA INC.

DATE OF HEARING:                  JUNE 10, 1998

PLACE OF HEARING:                  TORONTO, ONTARIO

REASONS FOR ORDER

AND ORDER BY:                      NADON, J.

DATED:                          JUNE 10, 1998

APPEARANCES:                     

                             Mr. Joe Martin

                                 For the Applicant

                             Ms. Dominique Monet

                                 For the Respondent

SOLICITORS OF RECORD:             

                             Joe Martin

                             390 Bay Street

                             Suite 1708

                             Toronto, Ontario

                             M5H 2Y2

                                 For the Applicant

                             Martineau, Walker

                             800 Place Victoria

                             Suite 3400

                             P.O. Box 242

                             Montreal, Quebec

                             H4Z 1E9

                                 For the Respondent

                             FEDERAL COURT OF CANADA

                                 Date: 19980610

                        

         Docket: T-555-97

                             Between:

WALTER PRINESDOMU

     Applicant

                             - and -

TELEGLOBE CANADA INC.

                    

     Respondent

                    

                            

            

                                                                                     REASONS FOR ORDER