PRACTICE |
Variation of Time |
Always Travel Inc. v. Air Canada
T-757-02
2003 FCT 212, Hugessen J.
21/2/03
6 pp.
Proposed class action proceeding before case management judge, Hugessen J.--Present motion to extend time for filing statements of defence until after judgment on issue of certification of class action--Whether defendants may have until after determination of issue of certification to file statements of defence to action--No question of case management judge's authority to grant relief requested: Federal Court Rules, 1998, r. 385--Defendants, in support of motion, cite and rely on number of cases from other jurisdictions in which similar motions granted--However, those cases not laying down any principle motions of this sort should be granted as matter of course in proposed class action proceedings--Defendants have burden of persuading case management judge to grant relief sought--Very considerable complexity of this case such that unlikely that requiring statement of defence at this stage of proceeding would lead to less costly and more speedy resolution of action--Appropriate to grant defendants until 30 days following judgment of Court on plaintiffs' application for certification to file statements of defence--Motion allowed--Federal Court rules, 1998, SOR/98-106, r. 385.