Donovan v. Canada, docket T-321-88

T-321-88

IN THE MATTER OF THE INCOME TAX ACT

BETWEEN:

DONALD DONOVAN,

Plaintiff

and

HER MAJESTY THE QUEEN,

Defendant

REASONS FOR ORDER AND ORDER

JEROME, A.C.J.:

     This is a motion by the plaintiff to quash the order rendered on July 24, 1996 and to issue the necessary guidelines in regard to the procedure governing the course of this action and the prosecution of this action.

     On July 24, 1996, I issued a judgment ordering the peremption of this action since the plaintiff had not prosecuted the matter since the filing of the defence and cross-demand on March 24, 1988. On June 16, 1997, one year later, the plaintiff"s counsel brought the present motion and explained that he was unable to contest the peremption order when it was before this Court. He was on vacation when the notice was served to his office and no one had mentioned it to him since his return. Furthermore, the plaintiff had not informed his counsel of his desire to quash the order of July 24, 1996 until June 1997, following a claim for payments by the defendant, Revenue Canada.

     In my opinion, the plaintiff has not provided a satisfactory explanation that would warrant quashing the order in question. This motion is dismissed.

O T T A W A

October 9, 1997

Certified true translation

Christiane Delon

FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

WRITTEN MOTION EXAMINED WITHOUT APPEARANCE OF PARTIES

REASONS FOR ORDER OF THE HONOURABLE ASSOCIATE CHIEF JUSTICE

DATED OCTOBER 9, 1997

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD:

BEAUVAIS, TRUCHON & ASSOCIÉS

GEORGE THOMSON

DEPUTY ATTORNEY GENERAL OF CANADA