T-2191-04: Notice of Motion
Court File No. T-2191-04
Federal Court - Trial Division
Between:
Arthur Mainil (Plaintiff)
-and-
The Canadian Wheat Board and Meyers Norris Penny (Defendants)
Notice of Motion
Take notice that the Proposed Intervener, Tom Jackson, will be making a
motion to the Court in writing pursuant to Rule 369 of the Federal
Court Rules 1998.
The motion is for leave to grant written Intervener status upon Tom
Jackson pursuant to Court Rule 109.(1) AND grant leave pursuant to Court
Rule 3.
The grounds for the motion are as follows:
- Pursuant to Rule 8, the Honourable Court may
abridge the period provided by the rules and permit this motion
allowing this intervention to be considered;
- The forthcoming written submission and need
for this intervention are necessary because of the very short time
between the filing of T-2191-04 and the Honourable Court's urgent
hearing date on December 20, 2004 in Ottawa at 10:30 AM;
- The proposed intervener has a reasonable
explanation for his inability to file this intervention on time;
- The Defendants should not suffer prejudice if
more complete information on the creation of the producer voter's list
is available to the Honourable Court. Further, the Producers voting in
the 2004 CWB election could suffer further unnecessary prejudice if
the proposed intervention is not allowed.
- The Proposed Intervener, Tom Jackson, has a
continuing Public and Private interest that will assist the Honourable
Court in reaching a decision that will secure a just, most expeditious
and least expensive determination, of this proceeding, on its merits.
The following documents are presented:
- Notice of Motion
- Affidavit of Tom Jackson
- Written Representations of the Proposed
Intervener Tom Jackson (File 161204)
- Exhibits "A" and "B"
Dated at the town of Killam, in the Province of
Alberta, this 16th day of December, 2004.
(Signed by Thomas R. Jackson)
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