Northern Lights Fitness Products Inc. v. Canada ( Minister of National Health and Welfare )
T-1299-92
Gibson J.
7/6/93
2 pp.
Application for adjournment of hearing-Defendants concentrating energies on settlement efforts, neglecting preparations for hearing -- Settlement negotiations fruitless -- Plaintiff neither opposing nor consenting to adjournment[cad 211]Hearing date set following consultation with both parties -- Adjournment sine die granted so as not to prejudice litigants in effective and efficient conduct of litigation by unwarranted rigidity in process -- Costs of motion fixed at $500 payable in any event of cause to reinforce respect for system of fixing hearing dates well in advance after consultation with counsel -- Convenience of counsel and solicitors not circumstance justifying adjournment without award of costs -- Counsel should have prepared for both eventualities -- Reference to Zion Presbyterian Church, Charlottetown v. The Queen, T-4082-80, Collier J., judgment dated 28/1/82, F.C.T.D., not reported, where in circumstances more beyond control of party similar order made and to National Capital Commission v. Campeau, T[ib]-1777[ib]-71, Thurlow A.C.J. (as he then was), judgment dated 6/1/76, F.C.T.D., not reported, where adjournment refused.