PRACTICE
Variation of Time
Motion for expedited hearing date, timetable for remaining steps to bring application for judicial review of direction issued by Governor in Council to Canadian Wheat Board (CWB), essentially prohibiting CWB from expending funds on advocating retention of monopoly powers, to hearing in expeditious manner —Whether Court ought to depart from timelines prescribed in Part 5 of Federal Courts Rules (Rules), SOR/98-106—In exercising discretion under Rules, r. 8(1), Court to consider whether proceeding really urgent; whether respondent will be prejudiced if proceeding expedited; whether proceeding rendered moot if not decided prior to particular event; whether expediting proceeding would result in cancellation of other hearings—Burden on party seeking to vary time frame in Rules—Applicant not acting as if application urgent—Given complexity of application, constitutional issue raised, respondent seriously prejudiced if time frame shortened—Motion dismissed.
Canada (Wheat Board) v. Canada (Attorney General) (T-2138-06, 2007 FC 39, de Montigny J., order dated 16/1/07, 8 pp.)