PRACTICE |
Case Management |
Dene Tsaa First Nation v. Canada
T-705-97
2004 FC 550, Hugessen J.
8/4/04
5 pp.
Plaintiff moving for order pursuant to Federal Court Rules, 1998, r. 55 to dispense with application of rr. 299.1 to 299.42 and to permit action to proceed as before as representative action--Proper case to dispense with application of rr. 299.1 to 299.42 given amount of time, money, effort already invested in action, stage action has reached, and absence of discernible benefit to anyone from insistence on strict application of Rules at this time--Former r. 114 simply permissive, allowing representative action to be brought-- That was properly done while former Rule still in force and action validly brought continues in existence--Current Rules containing no other rules specifically dealing with conduct of representative actions and procedure to follow has always been same as for any other action--Application of rr. 299.1 to 299.42 dispensed with--Federal Court Rules, 1998, SOR/98-106, rr. 55, 114 (as repealed by SOR/2002-417, s. 12), 299.1 to 299.42 (as enacted idem, s. 17).