Drolet v. Gralsbotschaft, 2005 FC 1556

Date:  20051117

Docket:  T-1670-04

Citation:  2005 FC 1556

Montréal, Quebec, November 17, 2005

Present:          Richard Morneau, Prothonotary

BETWEEN:

                                                                YVON DROLET

                                                                                                                                             Plaintiff/

                                                                                                          Defendant to counterclaim

                                                                           and

                                                STIFTUNG GRALSBOTSCHAFT

                            FOUNDATION OF THE GRAIL MOVEMENT - CANADA

                                                                                                                                     Defendants/

                                                                                                            Plaintiffs by counterclaim

                                            REASONS FOR ORDER AND ORDER

[1]               UPON MOTION, that is, a motion in writing by the plaintiff/defendant to counterclaim (the plaintiff) for:

-           dismissal of the defence and counterclaim by the defendants/plaintiffs by counterclaim parties (the defendants); and

-           in the alternative, for security for costs and the filing of undertakings against the defendants (sections 3, 5, 34, 47, 96 and 97, paragraph 221(1)(d), section 359 and paragraph 400(3)(i) of the Federal Courts Rules (the Rules).

[2]               WHEREAS, since filing of the aforesaid motion, the plaintiff has withdrawn conclusions A and H of his notice of motion and thus the Court need not address them;

[3]               After having read and considered the records produced by the parties in this motion by the plaintiff, in light of section 3 of the Rules, the Court disposes of this motion as follows:

(a)        Within thirty (30) days of these Reasons for Order and Order, the defendants shall deliver to the plaintiff an affidavit by Mr. Thivierge in which Mr. Thivierge shall respond more fully and in greater detail to the following requests for undertaking:  6, 27, 28 and the “unnumbered one.”

(b)        Furthermore, the Court is satisfied that the defendants have responded adequately to requests for undertaking 2 and 38 and have taken a reasonable position with respect to requests for undertaking 3, 13, 35 and 36;

( c)       The examination for discovery of Mr. Thivierge, as the defendants’ representative, shall continue if necessary at his expense, on the sole basis of the replies contained in his affidavit, on a date to be agreed upon between the parties or, if no such agreement is reached, on the date falling fifteen (15) days after the plaintiff receives service of the affidavit referred to at point (a) above.

[4]               There is no reason to allow costs on this motion, given its mixed success and the Court’s perception that both parties in turn attempted to take undue advantage of their position either to demand replies too quickly or to delay the filing of replies to the requests for undertakings.

[5]               For greater certainty, the plaintiff’s motion is otherwise dismissed.

Certified true translation

Michael Palles

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET:

STYLE OF CAUSE:

T-1670-04

YVON DROLET

                                                                        Plaintiff/

                                             Defendant to counterclaim

and

STIFTUNG GRALSBOTSCHAFT

FOUNDATION OF THE GRAIL MOVEMENT - CANADA

                                                                  Defendants/

                                               Plaintiffs by counterclaim

MOTION IN WRITING CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES

REASONS FOR ORDER BY:                     RICHARD MORNEAU, PROTHONOTARY

DATED:                                                         November 17, 2005

WRITTEN SUBMISSIONS BY:

SOLICITORS OF RECORD: