Greens At Tam O'Shanter Inc. v. Canada, (1999) 163 F.T.R. 311 (TD)

• Judge: Hugessen, J.
• Court: Federal Court (Canada)
• Case Date: February 24, 1999
• Jurisdiction: Canada (Federal)
• Citations: (1999), 163 F.T.R. 311 (TD)

Greens At Tam O'Shanter Inc. v. Can. (1999), 163 F.T.R. 311 (TD)

MLB headnote and full text

Temp. Cite: [1999] F.T.R. TBEd. MR.024

The Greens At Tam O'Shanter Inc. (plaintiff) v. Her Majesty the Queen (defendant)

(T-2946-92)

Indexed As: Greens At Tam O'Shanter Inc. v. Canada

Federal Court of Canada

Trial Division

Hugessen, J.

February 24, 1999.

Summary:

The defendant moved for directions con­cerning the inadequacy of the written repre­sentations filed with the plaintiff's motion as required by rule 364(2)(e) of the Federal Court Rules, 1998.

The Federal Court of Canada, Trial Divi­sion, dismissed the motion. The issue could be dealt with upon the return of the plain­tiff's motion.

Practice - Topic 3061

Applications and motions - General - Avoidance of multiplicity of proceedings - The defendant moved for directions con­cerning the inadequacy of the written representations filed with the plaintiff's motion as required by rule 364(2)(e) of the Federal Court Rules, 1998 - The Federal Court of Canada, Trial Division, dismissed the motion - The issue could be dealt with upon the return of the plaintiff's motion - The court stated that parties should be discouraged from bringing motions con­cerning other motions - Motions should be opposed on their merits and should not be made the subject of further procedural motions - See paragraph 8.

Practice - Topic 3130

Applications and motions - Motions - Form and content - Rule 364(2)(e) of the Federal Court Rules, 1998, required that written representations accompany a motion - The Federal Court of Canada, Trial Division, stated that the purpose of this requirement was double - First, the moving party should fairly inform the opposite party of the legal and factual basis of the motion that is being brought - Such information was a requirement not only of fairness but could save the court's time and save costs as well - Second, written representations informed the court and assisted it in the disposition of the motion - See paragraphs 3 and 4.

Practice - Topic 3133

Applications and motions - Motions - Motion to strike a motion or for directions - [See Practice - Topic 3061 ].

Cases Noticed:

Wuskwi Sipihk Cree Nation et al. v. Canada (Minister of National Health and Welfare) (1999), 164 F.T.R. 276 (T.D.), refd to. [para. 9, footnote 2].

Statutes Noticed:

Federal Court Rules, 1998, rule 364(2)(e) [para. 2].

Counsel:

Paul H. Starkman, for the plaintiff;

Jan Brongers, for the defendant.

Solicitors of Record:

Osler, Hoskin & Harcourt, Toronto, Ontario, for the plaintiff;

Morris Rosenberg, Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the defendant.

This motion was heard via teleconference between Ottawa and Toronto, Ont., on Feb­ruary 24, 1999, before Hugessen, J., of the Federal Court of Canada, Trial Division, who delivered the following reasons for order orally on that date.