Date: 20000107
Docket: T-477-98
Ottawa, Ontario, the 7th day of January, 2000
Present: The Honourable Mr. Justice Pelletier
ACTION IN PERSONAM
BETWEEN :
JOHN E. CANNING LTD.
Plaintiff
- and -
TRIPAP INC.
Defendant
REASONS FOR ORDER and ORDER
[1] This matter comes before the Court by way of status review. It is one of two actions which has resulted from a failed transaction between John E. Canning Ltd. (Canning) and Tripap Inc. (Tripap). In this action, Canning (a wood supplier) sues Tripap (a pulp producer) for the breach of its contract with Canning pursuant to which Canning was to supply Tripap with roundwood. The roundwood was to be transported by McKeil Marine Limited (McKeil) pursuant to a contract between those two parties. When the transaction between Canning and Tripap failed, McKeil sued Canning on its contract with the latter. A motion to consolidate the two actions failed. On November 24, 1998 Tripap filed a motion pursuant to Rule 369 for a declaration that the Federal Court did not have jurisdiction in this matter. For reasons which are not clear, Tripap"s motion was not dealt with. Notice of Status review was forwarded to the parties on June 10, 1999 which, predictably, elicited the response that the parties were awaiting the disposition of the motion with respect to jurisdiction.
[2] The delay, if there is any, in this matter cannot be laid at the feet of the parties. The status review is adjourned for 90 days to allow for a decision to be rendered on the motion with respect to the Court"s jurisdiction.
O R D E R
The status review is adjourned for 90 days to allow for a decision to be rendered on the motion with respect to the Court"s jurisdiction.
"J.D. Denis Pelletier"
Judge