PRACTICE |
Dismissal of Proceedings |
Undue Delay |
Grenier v. Canada
A-474-00
Létourneau J.A.
30/1/01
4 pp.
Appeal from Trial Division judgment dismissing proceedings for failure to prosecute (r. 382)--Application of Baroud v. Canada (1998), 160 F.T.R. 91 (F.C.T.D.), which described questions judge hearing status review must ask to decide outcome of proceedings: (1) Reasons case did not proceed more quickly and did they justify delay? (2) What steps plaintiff now proposing to move case forward?--Appeal allowed--Court of Appeal must determine whether motions judge took into account all factors relevant to making decision and whether influenced by irrelevant factors should not have taken into account--(1) In case at bar, plaintiffs provided reasonable explanation which did not seem to have been taken into account: they were waiting for Q.C.A. decision in case raising similar points and had to pay cost of proceedings themselves--(2) In circumstances, appellants met second part of test by requesting pre-trial conference--If respondent convinced proceedings disclosed no reasonable cause of action, could rely on Rules to make this argument--Federal Court Rules, 1998, SOR/98-106, r. 382.