Can an originating notice of motion be struck out if it does not specify the date of the decision or order it wishes to challenge?
Canada (Federal), Canada
The following excerpt is from Mennes v. Canada (Attorney General), 1998 CanLII 8763 (FC):
Counsel for the Respondent refers to Kruse v. The Queen, an unreported 25 February 1998 decision of Madame Justice Tremblay-Lamer in action T-2446-97, in which the originating notice of motion was struck out by reason of failure to specify the date of the decision or order that the applicants wished to challenge. From this failure to specify a date it followed that it was impossible to know whether the application had been commenced in a timely manner.
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