Pathal v. Canada (Human Rights Commission), docket T-1624-97

Date: 19990427

Docket: T-1624-97

BETWEEN:

     GURDAVE PATHAL,

     Applicant,

     - and -

     CANADIAN HUMAN RIGHTS COMMISSION,

     BRITISH COLUMBIA MARITIME

     EMPLOYERS' ASSOCIATION,

     Respondents.

     REASONS FOR ORDER AND ORDER

MR. JOHN A. HARGRAVE,

PROTHONOTARY

[1]      The Applicant, with the support of both Respondents, wishes an extension of time within which to serve and file a requisition for a hearing date.

[2]      There is a diversity of opinion whether procedural steps in a case, such as the present, which is under a notice of status review, ought to proceed short of the completion of the status review.

[3]      In the present instance, all of the parties are now anxious to have this judicial review application proceed as quickly as possible. In the circumstances it is sensible to allow an extension of time within which to file a requisition for a hearing date, for to do otherwise would result in delay.

[4]      That this matter is presently proceeding does not mean that the parties may ignore either the notice of status review or the need to make their written responses, which I understand are due 17 May 1999. It may be that there will be further delay in having those responses dealt with. The parties wish to proceed without delay. Thus, under Rule 47 and under the Court's inherent jurisdiction to assure its procedure works effectively, on the Court's own motion, this matter ought to be specially managed, so as to avoid any further delay.

ORDER

                             (Sgd.) "John A. Hargrave"

                                 Prothonotary

Vancouver, British Columbia

April 27, 1999

     FEDERAL COURT TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

HEARING DATED:          April 26, 1999

COURT NO.:              T-1624-97

STYLE OF CAUSE:          Gurdave Pathal

                     v.

PLACE OF HEARING:          Vancouver, BC

REASONS FOR ORDER AND ORDER OF

MR. JOHN A. HARGRAVE, PROTHONOTARY

dated April 27, 1999

APPEARANCES:

     Mr. David Martin          for Applicant

SOLICITORS OF RECORD:

     Douglas Symes & Brissenden

     Vancouver, BC          for Applicant

     William Pentney

     Canadian Human Rights Commission

     Ottawa, ON              for Canadian Human Rights Commission

     Alexander Holburn Beaudin & Lang

     Vancouver, BC          for BC Maritime Employers' Association