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     96-T-81

     OTTAWA, ONTARIO, FRIDAY, THIS 11TH DAY OF APRIL, 1997

     BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM

BETWEEN:

     CAN-AM WEST CARRIERS INC.

     Applicant

     - and -

     ANTHONY RICHARDSON,

     Respondent,

     - and -

     CELSO A.A. BOSCARIOL,

     Respondent.

     ORDER AND REASONS FOR ORDER

     By Notice of Motion dated March 7, 1997, the respondent, Anthony Richardson, moves for an Order pursuant to Rule 337(5)(b) that the Court reconsider the terms of my Order dated February 17, 1997 whereby I granted the applicant an extension of 15 days from February 17, 1997 to file an application for judicial review.

     As to the reasons for my Order, I said:

         I have granted this application because it is not opposed and because the Applicant expressed to its counsel its desire to commence such an application within the legal delay.                 

     The present Notice of Motion is not accompanied by an affidavit but has a letter dated March 5, 1997 attached. The letter sets out the facts as perceived by the respondent.

     After reading the unsigned January 16, 1997 document called an "affidavit" and after reading the respondent's March 5, 1997 letter, I am not prepared to refuse the applicant's extension of time application.

     I would have granted the application based on the fact that the applicant expressed to its counsel its desire to commence such an application for judicial review within the legal delays.

     The application for reconsideration of my February 17, 1997 Order is denied.

                                                          J U D G E


FEDERAL COURT OF CANADA TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS ON THE RECORD

COURT FILE NO.: 96-T-81

STYLE OF CAUSE: Can-Am West Carriers Inc.

Applicant,

and

Anthony Richardson et al.

Respondents.

MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES

ORDER AND REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE TEITELBAUM

DATED: April 11, 1997

WRITTEN REPRESENTATIONS BY:

Anthony Richardson THE RESPONDENT ON HIS OWN BEHALF

SOLICITORS OF RECORD:

Clark, Wilson FOR THE APPLICANT

Barristers and Solicitors

Vancouver, British Columbia

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