PRACTICE |
Judgments and Orders |
Summary Judgment |
MacNeil v. Canada (Department of Indian and Northern Affairs)
T-1482-91
2002 FCT 792, Hugessen J.
12/7/02
5 pp.
Motion for summary judgment--Crown seeking to have action against it dismissed as statute barred--Plaintiff received bequest of proceeds of homestead property--Motion allowed--Crown not precluded by laches from bringing present motion--Fact action pending for over 11 years not Crown's doing alone--Also, wording of Federal Court Rules, 1998, r. 213(2) specific in allowing motion for summary judgment "at any time" before case set down for trial; equitable doctrine of laches cannot operate to defeat specific statutory provision such as this--Appropriate case for summary judgment--Federal Court Rules, 1998, r. 216(3) specific in instructing Court to make findings of fact where able to do so on material, in fair, just manner--Of cardinal importance that present motion brought only by defendant Crown, seeking dismissal only of action as against that defendant--Action against others not affected--Plaintiff who maintains that statute has not run against him bears burden of showing did not, or could not, know had right of action--Here, plaintiff has failed to give any evidence to show that did not know, could not reasonably have discovered that defendant Charlotte Martin had dealt with property in very public manner, incompatible with her claim some 20 years before action brought--Indeed, there may be some evidence indicating plaintiff had been aware of relevant facts long time ago--Federal Court Rules, 1998, SOR/98-106, rr. 213(2), 216(3).