Noranda Forest Sales Inc. v. PLC European Service Ltd.
T-59-93
Hargrave P.
22/1/96
3 pp.
Removal of documents improperly filed-Ex parte motion pursuant to R. 359(1) to withdraw notice of discontinuance in order to correct oversight, unauthorized filing by counsel of discontinuance, which ought to have been filed in companion action involving same vessel on same voyage from Vancouver and Prince Rupert to northern Europe-In proper situation, Rule ought not to be narrowly confined but should be interpreted to cover situation in which counsel has done something unauthorized, to detriment of client-Further, in allowing withdrawal of discontinuance, under R. 359(1), defendants not prejudiced-If inappropriate to use R. 359(1), inherent jurisdiction of Court could be used to do so-Discontinuance which does not finally settle dispute between parties, but rather leaves matters open, very different thing from dismissal which is final order and bar to further proceedings-Federal Court Rules, C.R.C., c. 663, R. 359(1).