British Columbia Ferry Corp. v. Canada, docket T-452-97

Date: 19991103

Docket: T-452-97

Vancouver, British Columbia, Wednesday the 3^rd day of November, 1999

PRESENT:      THE HONOURABLE MR. JUSTICE DENAULT

BETWEEN:     

     BRITISH COLUMBIA FERRY CORPORATION,

     CHEVRON CANADA LIMITED, IMPERIAL OIL LIMITED

and SHELL CANADA PRODUCTS LIMITED

                         Plaintiffs

     - and -

     HER MAJESTY THE QUEEN

     IN RIGHT OF CANADA AS REPRESENTED

     BY THE MINISTER OF NATIONAL REVENUE

     AND THE SAID MINISTER OF FINANCE

     Defendant

     UPON MOTION, dated the 30^th day of September, 1999, on behalf of the Defendant, pursuant to the Order of Mr. John Hargrave made on the 6^th day of July, 1999, for:

a)      an Order granting the Defendant summary judgment dismissing the Plaintiff"s claim; and,

b)      such further and other relief as this Honourable Court deems just.

     REASONS FOR ORDER AND ORDER

[1]      In the instance, this motion for summary judgment was filed by the Defendant on Oct. 6, 1999, long after the date for a 5-day trial (to commence on Jan. 11, 2000) was fixed by Prothonotary Hargrave on July 14, 1999. This motion was filed in clear contravention of unambiguous Rule 213(2) of the Federal Court Rules, 1998, and the fact that a previous Order issued at the end of a pre-hearing conference held on July 6, 1999, had fixed today"s date for the hearing of an eventual motion for summary judgment does not preclude that Rule from being applicable.

[2]      Furthermore, having read the statements of submissions of both parties and heard oral representations by counsel for the Defendant, this Court has not been persuaded that a summary judgment, dismissing the Plaintiff"s action, can be rendered at this stage, on the basis of the facts as they now stand.

[3]      Accordingly, this motion for summary judgment dismissing the Plaintiff"s claim is dismissed with costs.

                             (Sgd.) "Pierre Denault"

                                 Judge

November 3, 1999

Vancouver, British Columbia

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS ON THE RECORD

COURT FILE NO.:      T-452-97

STYLE OF CAUSE:      British Columbia Ferry Corporation et al

     v.

     Her Majesty the Queen

PLACE OF HEARING:      Vancouver, British Columbia

DATE OF HEARING:      November 3, 1999

REASONS FOR ORDER AND ORDER OF DENAULT, J.

DATED:      November 3, 1999

APPEARANCES:

Mr. Edward C. Chiasson      For the Plaintiffs

Ms. Catharine Moore      For the Defendant

SOLICITORS OF RECORD:

Lander Downs

Vancouver, BC      For the Plaintiffs

Morris Rosenberg

Deputy Attorney

General of Canada      For the Defendant