Canada v. Fritz
T-2938-84
Reed J.
11/3/93
7 pp.
Motion to strike plaintiff's claim for want of prosecution-Tax Court of Canada decision on July 24, 1984 allowing defendant to write off bad debts for income tax purposes as business investment loss-Appeal filed by plaintiff-No proceedings between August 23, 1985 and December 3, 1991-Requirements for dismissal for want of prosecution: delay inordinate, no reasonable explanation for delay, prejudice caused to defendant, met-Under R. 440, applications for dismissal for want of prosecution should be entertained only when no active prosecution being undertaken-Despite inordinate and unjustifiable delay, plaintiff prosecuting claim at time of filing of application-Appropriate case for order staying plaintiff's action under Federal Court Act, s. 50-Federal Court Rules, C.R.C., c. 663, R. 440-Federal Court Act, R.S.C., 1985, c. F-7, s. 50.