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Bourque, Pierre & Fils Ltée v. Canada

T-1-95

Hugessen J.

17/6/98

5 pp.

Motion for leave to file affidavit evidence in response to defendant's motion for summary judgment-Leave presently sought already sought, refused in order dated December 4, 1997-Defendant objecting to present motion on ground of res judicata, on merits-In purely procedural matter and notwithstanding order already given, Court retaining residual discretion to grant leave in question-Two conditions to such grant: (1) ends of justice must imperatively require such grant; (2) no irreversible step taken in meantime as result of first order-Material sought to be produced relevant but not necessary as application for summary judgment can be disposed of without such material-Undue prejudice suffered by defendant-Motion for summary judgment pending for over eight months-Plaintiff responsible for virtually all the delay, acting without diligence-No evidence of negligence on part of plaintiff's former counsel-Totality of circumstances abuse of Court's process-Motion dismissed.

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