T-25-75
CKLW Radio Broadcasting Limited (Plaintiff)
v.
The Queen (Defendant)
Trial Division, Thurlow A.C.J.—Ottawa, October
21, 1976.
Practice—Application for adjournment sine die, both parties
agreeing, pending possible settlement—Application dis-
missed—Court system not a reservation service nor a device to
bring parties to negotiate settlement—Federal Court Rule 324.
APPLICATION disposed of under Rule 324.
COUNSEL:
S. Silver for plaintiff.
R. B. Thomas for defendant.
SOLICITORS:
Goodman & Goodman, Toronto, for plaintiff.
Deputy Attorney General of Canada for
defendant.
The following are the reasons for judgment
rendered in English by
THURLOW A.C.J.: On September 1, 1976, an
order was made on the joint application of the
parties, fixing the date for trial of the action for
October 25, 1976. At that time, arrangements
were made for reportorial service, a judge was
assigned to hear the case and court accommoda
tions were reserved for it. In the meantime, the
reporter, judge and accommodations have not been
available for assignment to other litigants for the
period reserved.
Application is now made to adjourn the trial
sine die on the stated ground that serious negotia
tions for settlement are under way. The fact is not
even verified by affidavit. Even if it were verified
by affidavit, it would not, in my opinion, nor in
accordance with the practice of this Court, be a
ground for adjournment. Nor is consent of the
other party a sufficient ground. What in substance
is being asked is that the Court, having reserved
time and accommodations, which are now to be
wasted, should take the risk that further time and
accommodation may be required at some future
date. This is neither reasonable nor acceptable.
It should be clearly understood that the system
followed in the Court of giving fixed dates for
trials is intended neither as a reservation service
nor as a device which a party may find useful in
bringing another party to negotiations for a settle
ment. It is a system for giving prompt trial dates
for cases that are ready for trial. If it is used for
any other purpose and applications for adjourn
ments are entertained, it will break down.
The application is dismissed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.