PRACTICE |
Judgments and Orders |
Cast Elk (The) v. Canada Maritime Ltd.
T-1554-99
2002 FCT 1230, Lemieux J.
27/11/02
11 pp.
Failure to comply--Undue Delay--Appeal from prothono-tary's order striking out plaintiffs' action as failed to comply with terms of order awarding defendant costs fixed at $3,500 --Order obliging plaintiffs to pay within 30 days, failing which action "shall be struck"--Plaintiffs appealed decision but did not seek stay--Whether plaintiffs put forward persuasive reasons for not respecting terms of order concerning delay--Court faced with a breach in one of Court's own peremptory orders--Case law establishing requirements for justification very high--Authority of Court founded on obedience to orders, therefore Court should not try to find excuses for failure to comply with peremptory order--Standard of justification required in order to obtain relief from non-compliance described in various ways, in particular under double-barrelled test: no intention to ignore or flout order; failure to comply must reside beyond control of party-- Affidavits filed by plaintiffs clearly insufficient to meet requirements of justification established in case law-- Affidavits contained no satisfactory explanation--Appeal dismissed.