Richard Morneau, Prothonotary:
There are two motions before the Court. One, made by the plaintiff’s present counsel, is for removal from the record. The other motion, made by the defendant under Rule 440 of the Federal Court Rules, is for dismissal of the plaintiffs action.
After hearing counsel for both parties, the Court hereby orders:
• that both motions and the instant order be posted at the Registry of the Court in Montréal for a period of forty-five (45) days (the notice period);
• If the plaintiff has not approached his counsel by the 30th day of the notice period, counsel will be deemed to be removed from the record as of the date of filing of a straightforward letter to that effect;
• As for the defendant’s motion under Rule 440 of the Federal Court Rules, if the plaintiff has not, by the 45th day of the notice period, served notice on counsel for the defendant that he intends to prosecute his action with due despatch, counsel for the defendant may so advise the Registry at that time by filing a letter to that effect, and the plaintiff’s action will be deemed to have been dismissed with costs.
Order accordingly.
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