PRACTICE |
Pleadings |
Amendments |
Aird v. Country Park Village Properties (Mainland) Ltd.
T-1849-01
2002 FCT 862, Gibson J.
14/8/02
9 pp.
Motion under r. 369 seeking variation of interlocutory injunction to prohibit defendant from charging plaintiffs monies for recreational vehicle storage at Country Park Village located at Chilliwack, British Columbia--Defendant responding with motion record served on solicitor for plaintiffs--By further motion, plaintiffs seeking one week extension of time to reply to defendant's record, leave to file affidavit(s) in reply--R. 369(3) providing for filing of "written representations in reply", not for reply affidavits-- All questions that plaintiffs' affiant wishes to review with certain of co-plaintiffs reflect knowledge available to plaintiffs before motion for extension of injunction filed--As general rule, applicant's representations, affidavit evidence supporting application must be submitted when motion to be dealt with in writing filed--Otherwise, advantages from dealing with motions in writing would potentially be lost, respondents on such motions would be potentially subjected to litigation by ambush where applicants withhold sworn testimony in support of motion only to file it after respondent's opportunity to reply gone by--Where applicants simply failed to put all relevant evidence before Court at first opportunity, and no explanation as to extraordinary circumstances justifying failure provided, Court's discretion to vary from procedure contemplated by rules should not be exercised in their favour--Leave to file supplementary affidavit, affidavits denied--Extension of time to reply also denied--No special case for variation of Rules made out on material before Court--Plaintiffs' motion to extend scope of existing interlocutory injunction failing on second element of test, irreparable harm--Applicants' submissions relating to irreparable harm speculative--No evidence before Court to support allegation defendant might seize recreational vehicles--Relief in form of variation of existing interlocutory injunction also denied--Federal Court Rules, 1998, SOR/98-106, r. 369.