PRACTICE |
Discovery |
Production of Documents |
Grand Tank (International) Inc. v. Destiny Oilfield Rentals
T-969-04
2004 FC 1082, Hargrave P.
5/8/04
8 pp.
Motion in writing for particulars--Usual courtesy to request particulars either by letter or by demand for particulars--That this preliminary approach no longer mandated by Federal Court Rules, 1998 (Rules) not making practice any less desirable--Concept of requesting furnishing of particulars, before making motion for particulars, endorsed in Practice and Procedure Direction No. 14, made in connection with Rules--Had defendants used letter of request, would have discovered at early date licensing agreement, which sought to have physically produced, in fact oral agreement--Request in notice of motion for production of licence vague--Required to name document sought in notice of motion--Form, function of notice of motion explained--Stroud's Judicial Dictionary of Words and Phrases, Sweet & Maxwell, London, defines "notice" as "a direct and definite statement of a thing, as distinguished from supplying materials from which existence of such thing may be inferred"--Contents of notice must be specific; not to be implied from some other source--Definition of "motion" considered--Notice of motion giving notice court will be moved to make precise ruling--R. 359(1)(b) mentions that motion shall be initiated by notice of motion, in Form 359, setting out relief sought-- Form 359 requiring precise relief sought on motion be set out in notice of motion--Defendants granted 30 days within which to serve, file notice of motion amended in conformity with usual practice, Rules, reasons herein--Federal Court Rules, 1998, SOR/98-106, r. 359(1)(b).