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Date: 19980827


Docket: T-587-97

MONTRÉAL, QUEBEC, THE 27th DAY OF AUGUST 1998

PRESENT: RICHARD MORNEAU, PROTHONOTARY

Between:

     JOHNNEY ENTERPRISES CO. LTD.

     Plaintiff

     AND

     RUI ROYAL INTERNATIONAL CORP.

     Defendant

     Ex parte motion by the defendant to:

     ALLOW the defendant to serve all of its pleadings on the plaintiff by fax, and specifically its motion record with regard to a motion to dismiss the action for failing to provide security for costs within the time allowed, which motion is returnable at the Federal Court, Trial Division, on Monday, August 31, 1998 at 10:00 a.m., or as soon thereafter as the motion can be heard, at 30 McGill St., Montréal, Quebec, H2Y 1Z7;

     [Rules 361 and 369 of the Federal Court Rules, 1998]

     REASONS FOR ORDER AND ORDER



RICHARD MORNEAU, PROTHONOTARY:

[1]      Since the remaining plaintiff, Johnney Enterprises Co. Ltd., is no longer represented by counsel, in my view it is reasonable for the defendant to require that the plaintiff retain a new solicitor. This step must be taken before the instant motion can be considered. This motion is accordingly postponed sine die and a new notice of return of motion will have to be given in the event that the plaintiff complies with Rule 120 of the Federal Court Rules, 1998.

Richard Morneau

     prothonotary

Certified true translation

M. Iveson

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OR RECORD

COURT FILE NO.:

STYLE OF CAUSE:

T-587-97

JOHNNEY ENTERPRISES CO. LTD.

     Plaintiff

AND

RUI ROYAL INTERNATIONAL CORP.

     Defendant

MOTION IN WRITING CONSIDERED IN MONTRÉAL WITHOUT APPEARANCE OF PARTIES

REASONS FOR ORDER BY RICHARD MORNEAU, PROTHONOTARY

DATE OF REASONS FOR ORDER:August 27, 1998

WRITTEN REPRESENTATIONS BY:

Lise Gélinas for the defendant

SOLICITORS OF RECORD:

Green Glazer Nadler Danino for the defendant

Lise Gélinas

Montréal, Quebec


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