Federal Court - Christian Aboriginal Infrastructure Developments ...

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[11] On January 2, 2003, the Defendant filed a Notice of Motion seeking leave to file a
counterclaim. Leave was granted in that regard by Order dated February 25, 2003 and an Amended
Statement of Defence and Counterclaim was filed on February 26, 2003. The Counterclaim raises
claims in trespass and nuisance relative to the Plaintiffs’ continued occupation of certain lands, as
well as a claim for unpaid rent in the amount of $4,060 together with Goods and Services Tax and
interest.
2010 FC 495 (CanLII)
[12] On October 30, 2003, SYFC filed a Statement of Defence to the Counterclaim.
[13] On February 16, 2004, SYFC filed a Notice of Motion seeking to join LPL as a Plaintiff,
that LPL and that SYFC be appointed to represent the joint venturers operating as SYFC in this
proceeding, that the style of cause be amended, and that leave be granted to file a further Amended
Statement of Claim.
[14] By Notice of Abandonment filed on March 17, 2004, SYFC abandoned the request set out
in para. 2 of its Notice of Motion for the appointment of the intended Plaintiff LPL and the Plaintiff
SYFC as the representatives of the joint venturers.
[15] By letter dated May 25, 2004 and filed with the Registry of the Court at Vancouver on May
25, 2004, the Defendant objected to the partial abandonment of the Plaintiff’s motion, that is with
respect to para. 2, the appointment of the intended Plaintiff LPL and of the Plaintiff SYFC to act in
a representative capacity pursuant to former Rule 114 of the Federal Courts Rules, SOR/98-106.