PRACTICE |
Affidavits |
Pfeiffer v. Canada (Superintendent of Bankruptcy)
T-1067-02
2002 FCT 1220, Blais J.
26/11/02
13 pp.
Motion to strike applicant's judicial review application-- Deputy Superintendent of Bankruptcy issued conservatory measures by virtue of s. 14.03(1) of Bankruptcy and Insolvency Act for safeguarding assets under administration of applicants as trustees in bankruptcy--Later, applicants filed notice of application for judicial review pursuant to s. 18.1 of Federal Court Act--Applicants seek order quashing decision to investigate applicants by Deputy Superintendent and order quashing conservatory measures--Application seeking to quash two decisions taken by two different people at two different times in violation of Federal Court Rules, r. 302-- Pursuant to r. 306, applicants shall serve and file all supporting affidavits and documentary exhibits within 30 days after issuing of notice of application--Pursuant to r. 307, within 30 days after reception of applicant's affidavits, respondents shall serve and file any supporting affidavits and documentary exhibits--Respondents brought motion pursuant to r. 317 requesting communication of material from applicants--Obligation provided by r. 306 still, applies to applicants--Three months have passed since filing of notice of application and neither affidavits nor valid reasons explaining delay yet provided--Analogous to issues considered in Main Rehabilitation Co. v. Canada (Minister of National Revenue--M.N.R.), [2002] 1 C.T.C. 215 (F.C.T.D.) wherein Court underlined importance of filing affidavit material under r. 306--Motion for dismissal of application for judicial review, based on applicants' unexcused failure to file affidavit material on r. 306, justified under circumstances-- Motion allowed--Federal Court Act, R.S.C., 1985 c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5)--Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3 (as am. by S.C. 1992, c. 27, s. 2), s. 14.03 (as enacted by S.C. 1992, c. 27, s. 9; 1997, c. 12, s. 14; 1999, c. 31, s. 18)--Federal Court Rules, 1998, SOR/98-106, rr. 302, 306, 307, 317 (as am. by SOR/2002-417, s. 19).