Danica Imports Ltd. v. Stor-Tex Imports Ltd., docket T-895-00

Date: 20001110

Docket: T-895-00

BETWEEN:

DANICA IMPORTS LTD.

Plaintiff

-and-

STOR-TEX IMPORTERS LIMITED

Defendant

     REASONS FOR ORDER AND ORDER

GILES A.S.P.

[1]      The Defendant herein seeks an Order that the proceeding be specially managed, submitting that the fact the solicitors involved are in Vancouver and Toronto adds to the expense and time taken with motions. The Defendant is of the view that only by arranging for special management can the Defendant become entitled to have motions by teleconference.

[2]      The Plaintiff opposes the motion and submits in effect that there must be special reason to upset the schedule of steps provided in the Rules by ordering special management.

[3]      Both sides have a different view of the result of the special management rules than I do. I see no greater need nor ability for a specially managing judge or prothonotary to extend time than for a non-managing judge or prothonotary if properly moved (save of course that a non-case managing prothonotary cannot change a time limit set by a non-case managing judge).

[4]      There is no automatic abandonment of the times set in the Rules. Rule 385 provides that a case management judge or prothonotary may fix the time for subsequent steps in the proceeding.

[5]      Similarly, I see no greater facility for a case management judge or prothonotary to hear a motion by conference telephone call. Certainly there is no right in any party to demand such a hearing. In any event, conference hearings appear to be more readily arranged now than they were in 1991 and even then, distance was considered a matter to be taken into account when looking for a special reason to justify telephone conference hearings.

[6]      Therefore, I see no reason to order this proceeding specially managed. That is not to say of course, if a lack of cooperation develops a further motion should not be brought.

ORDER

[7]      Motion dismissed.

                                 "Peter A. K. Giles"

     A.S.P.

Toronto, Ontario

November 10, 2000

FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                      T-895-00

STYLE OF CAUSE:                  DANICA IMPORTS LTD.

     Plaintiff

- and -

STOR-TEX IMPORTERS LIMITED

     Defendant

MATTER CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369

REASONS FOR ORDER

AND ORDER BY:                  GILES A.S.P.

                            

DATED:                      FRIDAY, NOVEMBER 10, 2000

WRITTEN SUBMISSIONS:          Brad W. Dixon

For the Plaintiff

Jonathan G. Colombo

For the Defendant

SOLICITORS OF RECORD          Borden Ladner Gervais LLP

                         Barristers & Solicitors

                         1200 Waterfront Centre

                         200 Burrard Street

                         Vancouver, British Columbia

                         V7X 1T2

For the Plaintiff

Bereskin & Parr

                         Barristers & Solicitors

                         Scotia Plaza, 40^th Floor

                         40 King Street West

                         Toronto, Ontario

                         M5H 3Y2

For the Defendant

                         FEDERAL COURT OF CANADA

                                 Date: 20001110

         Docket: T-895-00

                         Between:

DANICA IMPORTS LTD.

     Plaintiff

                         - and -

STOR-TEX IMPORTERS LIMITED

     Defendant

                    

                        

        

REASONS FOR ORDER

AND ORDER