Bay Limited Partnership v. Zellers Inc., 2024 FC 1485
Justice St-Louis - 2024-09-24
Read full decision. Automatically generated summary:
[the Defendants], filed a Motion under Rule 51 of the Federal Courts Rules appealing the Order [of] the Case Management Judge of this action. In his Order, Associate Judge Duchesne struck the Defendants’ Statement of Defence with retroactive effect to February 29, 2024. ... In short, the Defendants have simply not shown any error on the part of Mr. Associate Judge Duchesne. They have not indicated at least when they were prepared to voluntarily participate in a dispute resolution conference by the required deadline, and have misrepresented Mr. Ashenmil’s involvement. I find, on the contrary, that the Associate Judge’s decision was entirely appropriate in the circumstances of the case, consistent with the terms of his Peremptory Order, and that it was a proper exercise of his discretion.
Decision relates to:
- T-1517-21 - HUDSON'S BAY COMPANY ULC v. ZELLERS INC. et Al.