Ellefson v. Canada, docket T-765-99

Date: 20001027

Docket: T-765-99

OTTAWA, ONTARIO, THIS 27^TH DAY OF OCTOBER 2000

PRESENT:      THE HONOURABLE MR. JUSTICE NADON

BETWEEN:

     GLENIS E. ELLEFSON

     Plaintiff

     - and -

     HER MAJESTY THE QUEEN

     IN RIGHT OF CANADA

     Defendant

     ORDER AND REASONS FOR ORDER

UPON application of the defendant for an Order to obtain leave of the Court to allow an extension for the time allowed pursuant to Rule 196(1)(a) of the Federal Court Rules, 1998 to file a Third Party Claim in the within action,

THIS COURT ORDERS THAT

     The motion is denied. In my view, the delay in bringing this application is unreasonable. Although counsel received instructions to bring this application at the end of November 1999, it was only filed on August 23, 2000.

     I note that the motion before me was signed by counsel on February 14, 2000, and that the affidavit of Lori-Jean Alton, filed in support of the motion, was sworn to also on February 14, 2000. Why the motion was not filed earlier, I cannot ascertain from the evidence before me.

     In the circumstances, I am not prepared to allow the motion. I am prepared, however, to allow counsel to submit better and further evidence to explain the delay, if counsel so wishes. Such evidence should be filed no later than November 6, 2000.

     Marc Nadon

     JUDGE