Date: 20051117
Docket: T-1670-04
Citation: 2005 FC 1556
Montréal, Quebec, November 17, 2005
Present: Richard Morneau, Prothonotary
BETWEEN:
YVON DROLET
Plaintiff/
Defendant to counterclaim
and
STIFTUNG GRALSBOTSCHAFT
FOUNDATION OF THE GRAIL MOVEMENT - CANADA
Defendants/
Plaintiffs by counterclaim
REASONS FOR ORDER AND ORDER
[1] UPON MOTION, that is, a motion in writing by the plaintiff/defendant to counterclaim (the plaintiff) for:
- dismissal of the defence and counterclaim by the defendants/plaintiffs by counterclaim parties (the defendants); and
- in the alternative, for security for costs and the filing of undertakings against the defendants (sections 3, 5, 34, 47, 96 and 97, paragraph 221(1)(d), section 359 and paragraph 400(3)(i) of the Federal Courts Rules (the Rules).
[2] WHEREAS, since filing of the aforesaid motion, the plaintiff has withdrawn conclusions A and H of his notice of motion and thus the Court need not address them;
[3] After having read and considered the records produced by the parties in this motion by the plaintiff, in light of section 3 of the Rules, the Court disposes of this motion as follows:
(a) Within thirty (30) days of these Reasons for Order and Order, the defendants shall deliver to the plaintiff an affidavit by Mr. Thivierge in which Mr. Thivierge shall respond more fully and in greater detail to the following requests for undertaking: 6, 27, 28 and the “unnumbered one.”
(b) Furthermore, the Court is satisfied that the defendants have responded adequately to requests for undertaking 2 and 38 and have taken a reasonable position with respect to requests for undertaking 3, 13, 35 and 36;
( c) The examination for discovery of Mr. Thivierge, as the defendants’ representative, shall continue if necessary at his expense, on the sole basis of the replies contained in his affidavit, on a date to be agreed upon between the parties or, if no such agreement is reached, on the date falling fifteen (15) days after the plaintiff receives service of the affidavit referred to at point (a) above.
[4] There is no reason to allow costs on this motion, given its mixed success and the Court’s perception that both parties in turn attempted to take undue advantage of their position either to demand replies too quickly or to delay the filing of replies to the requests for undertakings.
[5] For greater certainty, the plaintiff’s motion is otherwise dismissed.
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“Richard Morneau” |
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Prothonotary |
Certified true translation
Michael Palles
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
STYLE OF CAUSE:
T-1670-04
YVON DROLET
Plaintiff/
Defendant to counterclaim
and
STIFTUNG GRALSBOTSCHAFT
FOUNDATION OF THE GRAIL MOVEMENT - CANADA
Defendants/
Plaintiffs by counterclaim
MOTION IN WRITING CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: November 17, 2005
WRITTEN SUBMISSIONS BY:
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Jean-Faustin Badimboli |
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for the Plaintiff/Defendant to counterclaim |
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Pascal Lauzon |
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for the Defendants/Plaintiffs by counterclaim |
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SOLICITORS OF RECORD:
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Dagenais & Associés Montréal, Quebec |
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for the Plaintiff/Defendant to Counterclaim |
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BCF s.e.n.c.r.l. Montréal, Quebec |
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for the Defendants/Plaintiffs by Counterclaim |
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