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T-2975-75
The Queen (Plaintiff)
v.
Rose Hélène Aubé (née Lanteigne) (Defendant)
Trial Division, Mahoney J.—Ottawa, February 6, 1981.
Practice Ex parse motion by plaintiff seeking renewal of writ of execution under Rule 2006 Whether plaintiff required to give other party notice of intention to proceed after
year's delay, pursuant to Rule 331A Application to renew granted Express provision of Rule 2006(2) to be given effect over general provision of Rule 331A Federal Court Rules 331A, 2006(1),(2).
MOTION in writing pursuant to Rule 324.
COUNSEL:
Allison Ross Pringle for plaintiff.
SOLICITORS:
Deputy Attorney General of Canada for plaintiff.
The following are the reasons for order ren dered in English by
MAHONEY J.: This is an ex parte motion by the plaintiff, presented in writing without appearance under Rule 324, to renew a writ of execution under Rule 2006. Such an application is not subject to the requirement of Rule 331A that notice be given the other party of the intention to proceed if a year or more has passed since the last proceeding in a matter.
Rule 2006(1) provides that a writ of execution is valid for five years. Rule 2006(2) provides that, if not wholly executed, the writ may be extended for a further five years "if an application for extension is made to the Court before the writ would other wise expire". The express provision of Rule 2006(2) that contemplates the application for renewal may be made as long as five years less a day after the issue of the writ is to be given effect over the general provision of Rule 331A.
ORDER
The application is granted.
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