Date: 20001110
Docket: T-895-00
BETWEEN:
DANICA IMPORTS LTD.
Plaintiff
-and-
STOR-TEX IMPORTERS LIMITED
Defendant
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The Defendant herein seeks an Order that the proceeding be specially managed, submitting that the fact the solicitors involved are in Vancouver and Toronto adds to the expense and time taken with motions. The Defendant is of the view that only by arranging for special management can the Defendant become entitled to have motions by teleconference.
[2] The Plaintiff opposes the motion and submits in effect that there must be special reason to upset the schedule of steps provided in the Rules by ordering special management.
[3] Both sides have a different view of the result of the special management rules than I do. I see no greater need nor ability for a specially managing judge or prothonotary to extend time than for a non-managing judge or prothonotary if properly moved (save of course that a non-case managing prothonotary cannot change a time limit set by a non-case managing judge).
[4] There is no automatic abandonment of the times set in the Rules. Rule 385 provides that a case management judge or prothonotary may fix the time for subsequent steps in the proceeding.
[5] Similarly, I see no greater facility for a case management judge or prothonotary to hear a motion by conference telephone call. Certainly there is no right in any party to demand such a hearing. In any event, conference hearings appear to be more readily arranged now than they were in 1991 and even then, distance was considered a matter to be taken into account when looking for a special reason to justify telephone conference hearings.
[6] Therefore, I see no reason to order this proceeding specially managed. That is not to say of course, if a lack of cooperation develops a further motion should not be brought.
ORDER
[7] Motion dismissed.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
November 10, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-895-00 |
| STYLE OF CAUSE: DANICA IMPORTS LTD. |
Plaintiff
| - and - |
| STOR-TEX IMPORTERS LIMITED |
Defendant
MATTER CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
| DATED: FRIDAY, NOVEMBER 10, 2000 |
| WRITTEN SUBMISSIONS: Brad W. Dixon |
| For the Plaintiff |
| Jonathan G. Colombo |
| For the Defendant |
| SOLICITORS OF RECORD Borden Ladner Gervais LLP |
Barristers & Solicitors
1200 Waterfront Centre
200 Burrard Street
Vancouver, British Columbia
V7X 1T2
| For the Plaintiff |
| Bereskin & Parr |
Barristers & Solicitors
Scotia Plaza, 40th Floor
40 King Street West
Toronto, Ontario
M5H 3Y2
| For the Defendant |
FEDERAL COURT OF CANADA
Date: 20001110
Docket: T-895-00
Between:
| DANICA IMPORTS LTD. |
Plaintiff
- and -
| STOR-TEX IMPORTERS LIMITED |
Defendant
| REASONS FOR ORDER |
| AND ORDER |