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:

  1. 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;
     
  2. 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;
     
  3. The proposed intervener has a reasonable explanation for his inability to file this intervention on time;
     
  4. 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.
     
  5. 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:

  1. Notice of Motion
  2. Affidavit of Tom Jackson
  3. Written Representations of the Proposed Intervener Tom Jackson (File 161204)
  4. 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)