PRACTICE |
Appeals and New Trials |
Educational Testing Service v. Maple Leaf International Consulting, Inc.
T-550-01
2001 FCT 1161, Gibson J.
25/10/01
9 pp.
Appeal from order of Giles A.S.P. by motion to be dealt with in writing under r. 369--Order striking out words from Mr. Pitchumani's statement of defence--Also striking out Mr. Pitchumani's counterclaim in entirety--R. 51(2) contemplating appeal from order of prothonotary will be dealt with at hearing--Not mandating appeal from order of prothonotary must be dealt with at hearing--R. 369(1) all-encompassing in reciting principle party may, in notice of motion, request motion be decided on basis of written representations--R. 3 providing Federal Court Rules, 1998 shall be interpreted, applied to secure just, most expeditious, least expensive determination of every proceeding on merits--Appellants/defendants' motion in appeal of Giles A.S.P.'s order could most expeditiously and in least expensive manner be determined in writing--To do so would not interfere with securing just determination of either motion in appeal, action--Appeal dismissed--Federal Court Rules, 1998, SOR/98-106, rr. 3, 51, 369.