Innovation and Development Partners Inc. v. Canada
T-54-92
Nadon J.
25/2/94
5 pp.
Motion seeking order lifting stay of action and order for summary judgment against defendant-Motion by defendant seeking order quashing plaintiff's motion on grounds plaintiff remaining in contempt of Court, having failed to pay costs allowed to defendant herein-Plaintiff's conduct herein not falling within purview of Brooke J.A. pronouncement to effect refusal to obey Court's orders "impedes the course of justice and impairs the ability of the court to enforce its orders": Ontario (Attorney General) v. Paul Magder Furs Ltd. (1992), 6 O.R. (3d) 188 (C.A.)-Doubtful whether failure to pay costs amounting to contempt-Federal Court Act, s. 50 giving Court discretion to stay proceedings if in interest of justice-Not in interest of justice herein to prevent plaintiff from proceeding with action-Defendant's motion to quash dismissed-Plaintiff allowed costs in any event of cause-Federal Court Act, R.S.C., 1985, c. F-7, s. 50.