Legault v. Canada ( Attorney General )
T-698-99
Giles A.S.P.
14/10/99
4 pp.
Motion seeking order extending time for filing defence, leave to file statement of defence-Statement of claim served on Department of Justice on April 21, 1999-Statement of defence should have been filed within 30 days, pursuant to Federal Court Rules, 1998, r. 204-Motion supported by counsel's own affidavit to which statement of defence attached as exhibit-R. 82 prohibiting solicitors from both deposing to affidavit, presenting arguments to Court based on affidavit, except with leave of Court-Improper to file statement of defence in any way before leave given-Affidavit noting practice among Toronto counsel not to strictly adhere to Rules with respect to service of statement of defence without plaintiff's counsel advising defendant's counsel defence will be required in strict compliance with Rules, thus allowing defence counsel time to investigate claims, draft proper defence, or negotiate settlement-While such gentility possible, perhaps even encouraged under previous R. 402, present r. 204 putting end to such practices-While perhaps considerate counsel should jog opponent falling afoul of Rules before too late, counsel who allow opponent to delay extensively running risk, after 6 months, of having own action dismissed under r. 382 at status review-As plaintiff's counsel appearing ready to consent to defence being filed Court, of own motion, moving under r. 298(3)(a) to remove proceedings from operation of rr. 294 to 299, similarly moving under r. 292(d) to return action to simplified action routine after motion for extension granted-Federal Court Rules, 1998, SOR/98-106, rr. 82, 204, 292(d), 294-299, 382-Federal Court Rules, C.R.C., c. 663, R. 402 (as am. by SOR/92-726, s. 3; 94-41, s. 4).