Date: 20000315
Docket: T-498-99
BETWEEN:
CANADA POST CORPORATION
Applicant
-and-
ADITYA NARAYAN VARMA
Respondent
REASONS FOR ORDER AND ORDER
DAWSON J.:
[1] By Order dated February 17th, 2000, I gave leave to the respondent to file with the Court a motion seeking leave to have the hearing of the application adjourned to a further fixed date so as to permit him to conclude his oral submission to the Court on the merits of the application. The respondent did serve such motion.
[2] In response, the applicant did not file any responsive material. By letter dated March 1st, 2000, through its counsel, it wrote advising that "we may be amenable to adjourning" the application, but the applicant wanted to ensure that there was no delay in setting the next available hearing date.
[3] In the result, I requested that a teleconference be scheduled to discuss setting a date. In response, by letter dated March 3rd, 2000, the respondent advised that there was, in his view, no need for a teleconference and he awaited advice from the Court as to the terms of the adjournment. Thereupon, I gave oral directions requesting that the parties advise as to any day in March or April they were not available for the continuation of the hearing. Applicant"s counsel advised that counsel was available any day in March or April, with the exception of April 6th , 2000. The respondent did not advise as to any dates on which he was unavailable but by letter dated March 13th, 2000, indicated that he was to have been seen by a cardiologist on that day and that it would be prudent to await his doctor"s review of the cardiologists"s observations before setting dates.
[4] On balance, I believe fairness dictates that a date be set now. In the result, it is directed that the hearing of the application will be continued on Tuesday, April 11th, 2000, commencing at 9:30 in the morning in Toronto. In the event that the respondent is advised that he is, for medical reasons, unable to proceed on that date he may apply to the Court for an adjournment in the ordinary course.
[5] As to the duration of the hearing, the respondent has repeated his earlier request that seven days be set for the hearing of the application. This request was previously dealt with and at the specific direction of the Chief Justice it was ordered that the duration of the hearing not exceed one day. That order having been issued by the Chief Justice, the duration of the hearing will not exceed one day on Tuesday, April 11th, 2000.
ORDER
[6] This matter is scheduled for hearing at Toronto, Ontario, on Tuesday, April 11, 2000, the duration not to exceed one day.
"Eleanor R. Dawson"
J.F.C.C.
TORONTO, ONTARIO
March 15, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-498-99 |
| STYLE OF CAUSE: CANADA POST CORPORATION |
| - and - |
| ADITYA NARAYAN VARMA |
CONSIDERED AT TORONTO, ONTARIO, PURSUANT TO RULE 369.
REASONS FOR ORDER
| AND ORDER BY: DAWSON J. |
DATED: WEDNESDAY, MARCH 15, 2000
| SOLICITORS OF RECORD: Gowling, Strathy & Henderson |
| Barristers & Solicitors |
| 4900 Commerce Court West |
P.O. Box 438, Stn. Commerce Crt.
Toronto, Ontario
M5L 1J3
| For the Applicant |
Aditya Narayan Varma
275 Goldenwood Road
Willowdale, Ontario
M2M 4A7
For the Respondent
| FEDERAL COURT OF CANADA |
Date: 20000315
Docket: T-498-99
Between:
| CANADA POST CORPORATION |
Applicant
- and -
| ADITYA NARAYAN VARMA |
Respondent
REASONS FOR ORDER
| AND ORDER |