Tremblay v. Canada
T-2273-76
Nadon J.
19/1/95
8 pp.
1979 judgment for plaintiff, by consent of parties, leaving quantum of damages to be decided, if necessary, at later date-16 years later, quantum not decided-Medical reports completed in 1984, actuarial report given to plaintiff in 1990-Five years between commencement of preparation of affidavit of documents and filing-Application of test in Patex Snowmobiles Ltd. v. Bombardier Ltd. (1991), 37 C.P.R. (3d) 467 (F.C.T.D.)-Excessive, inexcusable delay-Defendants assuming, but not demonstrating, prejudice inevitable result of delay-Motion denied-Plaintiff's failure to proceed with due despatch exceptional circumstance within R. 440(2)-Defendants exempted from two-week advance notice requirement-Federal Court Rules, C.R.C., c. 663, RR. 440, 448 (as am. by SOR/90-846, s. 15), 468, 477.