Judgments

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T-2140-76
Georgina Barlow (Plaintiff)
v.
The Queen (Defendant)
Trial Division, Mahoney J.—Ottawa, May 31, 1977.
Practice — Action for possession of documents in Public
Archives — Application by defendant for interpleader pro ceedings to determine among claimants whether and to whom Crown liable — Application inappropriate where action begun by statement of claim — Federal Court Rule 604.
APPLICATION in writing under Rule 324. COUNSEL:
No one appearing for plaintiff. J. P. Malette for defendant.
SOLICITORS:
LeBlanc, Boucher, Rodger & Richard, Monc- ton, for plaintiff.
Deputy Attorney General of Canada for defendant.
The following are the reasons for order ren dered in English by
MAHONEY J.: The plaintiff seeks in this action possession of certain items of personal property which she claims to own and which are said pres ently to repose in the Public Archives of Canada. The action was commenced by statement of claim issued June 8, 1976. No defence has been filed but an appearance was entered on behalf of the defendant, on June 21, 1976, who now seeks, by a motion in writing under Rule 324, an order pursu ant to Rule 604. The provisions of Rule 324 have been complied with by the defendant. The plaintiff has made no representations nor has she consented to the order sought.
Rule 604 provides a means by which the Crown can institute interpleader proceedings in this Court to determine, as among a number of claimants, actual or potential, whether and to which of them the Crown is liable. It provides a means by which proceedings are commenced and is not appropri ately invoked where, as here, the proceedings have
been commenced by statement of claim. The defendant may file a defence and, if she does, the onus will be on the plaintiff to prove her entitle ment to possession of the property, not on the defendant to prove that someone else may be so entitled. If no defence is filed, the plaintiff may seek judgment in default. Any other person claim ing to be entitled to possession of the property may apply, under Rule 1716, to be joined or the defend ant may apply to have such other person joined. The method, if any, which the defendant adopts with a view to either inviting such applications by others or to identifying anyone whom the defend ant may wish to apply to have joined is of no immediate concern to either the plaintiff or the Court.
Alternatively, if, as does not appear on the record, the parties are in agreement that this matter could more satisfactorily be dealt with by interpleader proceedings rather than this action, there is nothing to prevent the stay or dismissal of this action on consent and the institution of pro ceedings under Rule 604. Otherwise, it seems to me that the plaintiff is entitled to prosecute her action in the usual way.
ORDER
The motion is dismissed without costs.
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