Greens at Tam O'Shanter Inc. v. Canada
T-2946-92
Hugessen J.
24/2/99
4 pp.
Defendant moving for directions with respect to motion by plaintiff seeking to compel answers to number of questions refused on examination for discovery, to compel production of documents equally refused-Basis for defendant's motion inadequacy of written representations filed with plaintiff's motion as required by r. 364(2)(e)-Purpose of requiring written representations to accompany motions double-First intended moving party should fairly inform opposite party of legal, factual basis of motion brought-Information may contribute to saving of Court's time, may be substantial saving of costs as well-Other purpose of written representations to inform Court, to assist it in disposition of motion-Plaintiff's solicitor wrong to assert justified in refusing to make fuller disclosure of argument because to do so would give opponent advance notice of argument-Trial by ambush not part of sensible modern procedure-Court not proper forum to decide adequacy of written representations filed by plaintiff-Parties should be discouraged from bringing motions with respect to other motions-Motions should be opposed on merits, should not be made subject matter of further procedural motions-Number of remedies available to defendant upon return of plaintiff's motion-Motion for directions dismissed-Federal Court Rules, 1998, SOR/98-106, r. 364(2)(e).