Canada v. Kulyk
T-1921-91
Hargrave P.
12/12/94
5 pp.
Motion for default judgment adjourned as plaintiff not giving one month's notice of intention to proceed -- R. 331A providing where year or more elapsing since last proceeding in matter, party desiring to proceed must give to every other party not less than one month's notice of intention to proceed -- Whether exchanges between plaintiff and defendants or counsel during last year "proceedings" sufficient to avoid notice requirement in R. 331A -- Proceeding in R. 331A generally step in action, including actions such as amending statement of claim: Vickers, Sons & Maxim, Ld. v. Coventry Ordnance Works Ld., [1908] W.N. 12 (Ch. D.) -- Cases establishing formal statement, exchange between counsel may be proceeding, but less formal exchanges, correspondence generally not -- Contact with defendants' or counsel herein not proceeding -- Such exchanges informal discussions and informal documents which, even though directed to advancing action to support resolution, not proceedings within R. 331A -- Situation involving material having both formality, significance and which is taken by party to bring action nearer to trial, could be proceeding -- Federal Court Rules, C.R.C., c. 663, R. 331A (as am. by SOR/79-57, s. 6).