Giles
A.S.P.:—
The
motions
before
me
are
for:
1,
A
motion
by
the
Crown
pursuant
to
Rule
324
seeking
and
Order
striking
the
Statement
of
Claim
and
three
forms
of
alternative
relief.
2.
A
motion
by
the
plaintiff
for
an
Order:
(a)
that
the
Plaintiff
be
heard
orally
on
the
Rule
324
Motion
of
the
Crown;
(b)
that
the
Defendant
Crown’s
Motion
be
dismissed
with
costs
to
the
Plaintiff.
(c)
that
the
Defendant
Crown
be
required
to
defend;
and
(d)
if
unable
to
defend
for
default
judgment.
Dealing
first
with
the
Plaintiffs’s
Motion,
part
(a),
Rule
324(3)
allows
for
a
responding
party
to
file
an
application
in
writing
for
an
oral
hearing,
which
has
been
done
as
indicated
above.
However,
an
oral
hearing
does
not
flow
automatically
from
such
a
request.
Some
reasons
must
shown
why
an
oral
hearing
is
to
be
preferred
to
the
more
usual
written
response.
Here,
no
reasons
whatsoever
have
been
submitted
as
to
why
an
oral
hearing
would
be
preferable.
I
will
delay
dealing
with
this
part
of
the
Plaintiff’s
Motion
for
an
oral
hearing
for
30
days
to
allow
the
Plaintiff
15
days
to
serve
and
file
reasons
and
evidence
(if
any
is
desired)
in
support
of
the
reasons.
The
Crown
shall
then
have
15
days
to
respond
to
the
Plaintiff’s
Motion
for
an
oral
hearing.
The
second
part
(b),
of
the
Plaintiff’s
Motion
(seeking
dismissal)
will
be
dealt
with
automatically
when
the
Defendant
Crown’s
Motion
is
dealt
with.
Those
parts
of
the
Plaintiffs
Motion
numbered
(c)
and
(d)
above
are
premature
and
will
be
dismissed
without
prejudice
to
the
Plaintiffs
right
to
move
for
similar
relief
if
appropriate
when
the
Defendant
Crown’s
Motion
has
been
dealt
with.
The
Plaintiff
may
get
some
guidance
from
the
report
of
Semgyet
am
God
v.
R.
(sub
nom.
Sterritt
v.
Canada)
(1995),
98
F.T.R.
68
and
72.
Order
The
Plaintiff
shall
have
15
days
to
serve
and
file
reasons
and
evidence
if
desired
in
support
of
his
motion
for
an
oral
hearing.
Should
the
Plaintiff
do
so,
the
Defendant
shall
have
15
days
thereafter
to
respond.
The
motions
that
Defendant
be
required
to
defend
and
for
default
judgment
are
dismissed
without
prejudice
to
the
Plaintiffs
right
to
bring
similar
motions
at
an
appropriate
time.
Motions
dismissed.
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