Taylor v. Canada
T-345-88
Giles A.S.P.
18/5/94
3 pp.
Defendant moved for order dismissing claim for want of prosecution -- Action commenced by three plaintiffs all represented by same solicitors -- Plaintiff's solicitors obtained order removing them as solicitors for one of plaintiff's on grounds solicitors could not obtain instructions from that plaintiff -- One of plaintiff has not been served and has no notice of motion-Insufficient delay to support dismissal for want of prosecution -- All plaintiffs must act together and appear by one solicitor and one set of counsel -- Proper course when one plaintiff no longer wishing to proceed would be to strike plaintiff and add as defendant -- Herein, adding plaintiff as defendant would not enable action to proceed expeditiously -- Federal Court Rule 1716(2)(a) indicating solution -- Because one of plaintiffs not represented by same solicitors, ceased to be proper party to action -- Order creation of new file, case and trial date for that plaintiff -- Federal Court Rules, C.R.C., c. 663, R. 1716(2)(a).