Public Russian Television O.R.T.V. v. CHUM Ltd.
T-338-96
Giles A.S.P.
24/2/97
7 pp.
Action brought by plaintiff (Public Russian) against CHUM defendants and Russian Canadian-Statement of claim issued on February 12, 1996-Defence filed by Russian Canadian on March 11, 1996-CHUM defendants moved to strike out statement of claim or for particulars-Russian Canadian defendant moved for security for costs-Security for costs ordered in amount of $1,700 for Russian Canadian be posted within 30 days, matters stayed until that time-Security ordered for Russian Canadian in amount of $14,112 to be posted on or before December 8, 1996-CHUM defendants moving for dismissal on grounds particulars ordered not supplied-Russian Canadian filing motion for order action be dismissed for failure of Public Russian to post security for costs-Permanent stay of action ordered on November 25, 1996-Doubtful whether order made "ex parte" within meaning of R. 330-Order permanently staying final in effect-Rule drawing no distinction between interlocutory and final orders-Not available to rescind judgments-No judgment here-Stay should be lifted only when new facts before Court-Not appropriate to lift stay because facts now available, not available at time order made-R. 1733 not applicable to plaintiff-Motion to lift stay against CHUM defendants dismissed-Motion of Russian Canadian defendant dismissed-Plaintiff's motion for extension of time to post security for costs granted in part by providing plaintiff may, within 10 days of date of order, post final instalment of security for costs of defendant Russian Canadian, and shall also pay Russian Canadian's costs of motion and preceding extended motions on solicitor and client basis-Federal Court Rules, C.R.C., c. 663, RR. 330, 1733.