PRACTICE |
Case Management |
Hébert v. Canada
A-138-99
Décary J.A.
17/10/00
5 pp.
Appeal from Motions Judge's decision dismissing action of plaintiff (appellant) for delay--Appellant's first argument that Judge did not exercise discretion judicially as did not apply test laid down in Baroud v. Canada (1998), 160 F.T.R. 91 (F.C.T.D.)--First argument made by appellant conclusive--Motions Judge should have gone on to second stage and examined action plan proposed by appellant to see whether bore out intention to proceed with action, but did not do so--Action plan proposed by appellant met test suggested by Hugessen J.--Appeal allowed.
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