Bourque, Pierre & Fils Ltée v. Canada
T-1-95
Hugessen J.
17/6/98
5 pp.
Motion for leave to file affidavit evidence in response to defendant's motion for summary judgment-Leave presently sought already sought, refused in order dated December 4, 1997-Defendant objecting to present motion on ground of res judicata, on merits-In purely procedural matter and notwithstanding order already given, Court retaining residual discretion to grant leave in question-Two conditions to such grant: (1) ends of justice must imperatively require such grant; (2) no irreversible step taken in meantime as result of first order-Material sought to be produced relevant but not necessary as application for summary judgment can be disposed of without such material-Undue prejudice suffered by defendant-Motion for summary judgment pending for over eight months-Plaintiff responsible for virtually all the delay, acting without diligence-No evidence of negligence on part of plaintiff's former counsel-Totality of circumstances abuse of Court's process-Motion dismissed.