Arsenovski v. Bodin
The parties to this litigation, which has a history originating in a motor vehicle incident in Burnaby, British Columbia, some 12 years ago on January 31, 2000, bring three chambers motions as follows:1) The defendants seek an order pursuant to Rule 8-1(4) of the Supreme Court Civil Rules (the Civil Rules) extending the time for them to respond to the plaintiffs August 26, 2011 notice to admit, or that the notice to admit be set aside, or alternatively that any deemed admissions arising from the notice to admit be replaced with the admissions made in the defendants reply drafted to respond to the notice to admit;2) Plaintiff s counsel seeks an order for leave to cross-examine defence counsel, Michael Thomas, on his affidavits explaining the circumstances leading to his failure to file a reply to the plaintiffs notice to admit within the 14 days permitted by Rule 7-7(2) of the Civil Rules; and3) The defendants seek an order dismissing the plaintiffs action for want of prosecution pursuant to Rule 22-7(7) of the Civil Rules....