Proctor & Gamble Inc. v. Person Unknown
T-1198-96
Teitelbaum J.
23/9/97
6 pp.
Motion for order to review execution of ex parte order of Dubé J. dated May 23, 1996-Dubé J.' s order requiring service of notice of motion to have issuance, execution of order reviewed-Not limited by words "by me"-Dubé J. foresaw review would be by any other Trial Division judge-Wording of order indicating Dubé J. giving leave that another judge of Trial Division could review ex parte order-Also "special circumstances" present-Judges of Federal Court living in Ottawa or within 40-kilometre radius thereof-Having jurisdiction in Federal Court matters throughout Canada-Impossible for such judge to be available to review own ex parte Anton Piller order when such notice of motion returnable in Toronto, within ten days; even more impossible if such review may be served on short notice-Administration of Court could not function properly if judge who issued ex parte Anton Piller order only one having jurisdiction to review order-Application adjourned.