PRACTICE |
Case Management |
Status Review |
Transalta Utilities Corp. v. Canada
T-3319-90
Gibson J.
14/1/00
9 pp.
Application to set aside Prothonotary's order dismissing action for delay--Defendant consenting to order sought--Plaintiff submitting action should not have been dismissed because responding to several notices of status review, parties only refrained from advancing action pending outcome of ongoing negotiations regarding settlement--Court having jurisdiction to set aside discretionary order of Prothonotary, exercise discretion de novo--Federal Court Rules, 1998, r. 382 providing Court may at status review require plaintiff to show cause why proceeding should not be dismissed for delay and if not satisfied that proceeding should continue, dismiss proceeding--In deciding manner in which to exercise wide discretion granted by r. 382, Court should be concerned with: reasons why case not moved forward faster and whether justifying delay; steps plaintiff proposing to move matter forward: Baroud v. Canada (1998), 160 F.T.R. 91 (F.C.T.D.)--No affidavit provided in support of motion indicating why negotiations not completed within various time delays requested and provided, and indicating realistic final deadline for achieving settlement after which action could be either dismissed for delay or proceeded with expeditiously--Following oral hearing of motion, written representations provided another offer of further information "if requested"--Further information requested, but not provided--Onus not on Court on status review taking place nine years after action commenced to request information justifying further delay--Onus on plaintiff to provide such information to Court's satisfaction--Onus not discharged in this matter--Court entitled to more than bland assurances parties negotiating settlement, particularly where plaintiff's own fixed dates for achievement of settlement regularly missed with no substantive explanation--Plaintiff failed to provide satisfactory reasons for delay, steps to move matter forward, when action dismissed for delay, and continuing to do so--Application dismissed--Federal Court Rules, 1998, SOR/98-106, r. 382.