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Jaff v. Cowan, 2010 CanLII 5546 (Rule 48.18 – action not on trial list; Rule 50 – pre-trial conference)

Judgment Released:  February 8, 2010  Link to Judgment

On a motion to set aside an administrative dismissal by a registrar following the plaintiff’s failure to file its settlement-conference brief in the time prescribed by Rule 77.14 (for the plaintiff, 10 days before), the Court noted that Ottawa’s local procedure respecting administrative dismissal was replaced on January 1, 2010 with the province-wide amendments to Rules 48 (status hearings – action not on trial list) and 50 (pre-trial conferences).  The Court noted that “under the new procedure, non compliance by a plaintiff with the pre-trial requirements of Rule 50 may result in an order striking a matter from the trial list and subsequently in a status notice and dismissal of the action by the registrar under Rules 48 and 24.”

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Jaff v. Cowan, 2010 CanLII 5546 (Rule 48.18 – action not on trial list; Rule 50 – pre-trial conference)