Giagnocavo v. Canada
T-2475-88
Giles A.S.P.
11/11/92
2 pp.
Mr. Giagnocavo previously struck from claim and Mrs. Giagnocavo allowed time to file amended claim -- Notice of appeal of order filed -- Appeal adjourned from time to time -- Contemporaneously matters proceeding as if no notice of appeal ever filed -- Amended claim filed under protest and defence filed -- Motion to dismiss for want of prosecution adjourned -- Cannot proceed while outstanding appeal -- Appeal should either be reactivated or dismissed for want of prosecution by Judge -- Countermotion to dismiss motion, filed by Mr. Giagnocavo, reciting arguments in main action, struck as not filed by plaintiff -- Affidavit evidence, representations proper response to motion -- Counter-motion unnecessary.
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