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T-25-75
CKLW Radio Broadcasting Limited (Plaintiff)
v.
The Queen (Defendant)
Trial Division, Thurlow A.C.J.—Ottawa, October 21, 1976.
Practice—Application for adjournment sine die, both parties agreeing, pending possible settlement—Application dis- missed—Court system not a reservation service nor a device to bring parties to negotiate settlement—Federal Court Rule 324.
APPLICATION disposed of under Rule 324. COUNSEL:
S. Silver for plaintiff.
R. B. Thomas for defendant.
SOLICITORS:
Goodman & Goodman, Toronto, for plaintiff.
Deputy Attorney General of Canada for defendant.
The following are the reasons for judgment rendered in English by
THURLOW A.C.J.: On September 1, 1976, an order was made on the joint application of the parties, fixing the date for trial of the action for October 25, 1976. At that time, arrangements were made for reportorial service, a judge was assigned to hear the case and court accommoda tions were reserved for it. In the meantime, the reporter, judge and accommodations have not been available for assignment to other litigants for the period reserved.
Application is now made to adjourn the trial sine die on the stated ground that serious negotia tions for settlement are under way. The fact is not even verified by affidavit. Even if it were verified by affidavit, it would not, in my opinion, nor in accordance with the practice of this Court, be a ground for adjournment. Nor is consent of the other party a sufficient ground. What in substance is being asked is that the Court, having reserved time and accommodations, which are now to be
wasted, should take the risk that further time and accommodation may be required at some future date. This is neither reasonable nor acceptable.
It should be clearly understood that the system followed in the Court of giving fixed dates for trials is intended neither as a reservation service nor as a device which a party may find useful in bringing another party to negotiations for a settle ment. It is a system for giving prompt trial dates for cases that are ready for trial. If it is used for any other purpose and applications for adjourn ments are entertained, it will break down.
The application is dismissed.
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