Public Russian Television O.R.T.V. v. CHUM Ltd. et al., (1997) 128 F.T.R. 198 (TD)

• Court: Federal Court (Canada)
• Case Date: February 10, 1997
• Jurisdiction: Canada (Federal)
• Citations: (1997), 128 F.T.R. 198 (TD)

Public Russian TV v. CHUM Ltd. (1997), 128 F.T.R. 198 (TD)

MLB headnote and full text

Temp. Cite: [1997] F.T.R. TBEd. MR.024

Public Russian Television O.R.T.V. (plaintiff) v. CHUM Limited, Radio 1540 Limited and Russian Canadian Broadcasting Language TV Program Concord a not for profit corporation No. 1075563 (defendants)

(T-338-96)

Indexed As: Public Russian Television O.R.T.V. v. CHUM Ltd. et al.

Federal Court of Canada

Trial Division

Giles, Associate Senior Prothonotary

February 24, 1997.

Summary:

Public Russian Television commenced legal proceedings against CHUM Ltd. and Russian Canadian Broadcasting. A Prothonotary permanently stayed proceedings against CHUM Ltd. when Public Russian Television failed to provide particulars as ordered. Russian Canadian Broadcasting moved for dismissal of the proceedings against it on the ground that security for costs had not been posted as required by the court. Public Russian Television applied for an extension of time to post security and sought an order lifting the stay of the action against CHUM Ltd.

An Associate Senior Prothonotary of the Federal Court of Canada, Trial Division, dismissed Russian Canadian Broadcasting's motion for dismissal and granted Public Russian Television an extension of time to post security for costs. The court refused Public Russian Television's request to lift the stay of the action against CHUM Ltd.

Practice - Topic 5285

Trials - Stay of proceedings - Lifting of stay - Public Russian Television commenced legal proceedings against CHUM Ltd. - A Prothonotary issued a permanent stay of proceedings when Public Russian Television failed to provide particulars as ordered - Public Russian Television sought to lift the stay - An Associate Senior Prothonotary of the Federal Court of Canada, Trial Division, refused to lift the stay - See paragraphs 1 to 7.

Practice - Topic 8174

Costs - Security for costs - Order for payment - Time for payment - Extension of time - Public Russian Television commenced legal proceedings against Russian Canadian Broadcasting - Public Russian Television was required to post security for costs in two instalments - Additional time for payment of the first instalment was granted but when the second instalment was not paid, Russian Canadian Broadcasting moved for dismissal of the proceedings - Public Russian Television sought an extension of time to post security for costs - An Associate Senior Prothonotary of the Federal Court of Canada, Trial Division, gave Public Television 10 days to post security for costs - See paragraphs 8 to 12.

Cases Noticed:

May and Baker (Canada) Ltd. v. Motor Tanker Oak et al., [1979] 1 F.C. 410; 22 N.R. 214 (F.C.A.), refd to. [para. 6].

WSM Inc. v. Slaight Communications Inc. (1986), 10 F.T.R. 1 (T.D.), refd to. [para. 7].

Espinoza v. Minister of Employment and Immigration (1992), 142 N.R. 158 (F.C.A.), refd to. [para. 10].

Counsel:

Alan D. Kurz, for the plaintiff;

David M. Reive and Mark S. Hayes, for the defendants, CHUM Ltd. and Radio 1540 Ltd.;

Tania Perlin, for the defendant, Russian Canadian Broadcasting Language TV Program Concord.

Solicitors of Record:

Dale, Streiman and Kurz, Brampton, Ontario, for the plaintiff;

Fasken, Campbell, Godfrey, Toronto, Ontario, for the defendants, CHUM Ltd. and Radio 1540 Ltd.;

Tania Perlin, Thornhill, Ontario, for the defendant, Russian Canadian Broadcasting Language TV Program Concord.

This matter was heard in Toronto, Ontario, on February 10, 1997, before Giles, Associate Senior Prothonotary, of the Federal Court of Canada, Trial Division, who delivered the following judgment on February 24, 1997.