Page 24 - tmp
P. 24
th
8. I then received an order from the Court dated 13 December 2017, advising me that a judge
th
has considered the file and having seen that the questionnaire was received on 20
Ul
November 2017, has decided to apply the sanction as set out in the order dated 06
November 2017. As a result, the Claim was struck out and the interim injunction made on 09
th
August 2017 was discharged. A copy of the order is attached under exhibit LI4.
9. Upon receiving the above order, I emailed the Defendant’s solicitors Mr Onwusiri and advised
him that the Court made the order in error as the Claimant had filed the directions
th
questionnaire electronically on 17 November 2017. Mr Onwusiri was fully aware of this fact
as he was copied in to the email. A copy of my email to Mr Onwusiri dated 15 December
th
2017 can be found under exhibit LI5.
10. On 14 December 2017, Ms Zena Ndereyimana on behalf of the Claimant’s legal services
th
emailed the Edmonton County Court advising that Claimant’s directions questionnaire was
th
emailed to the Court on 17 November 2017 and provided evidence in support. The email
requested that the Court reconsider the order dated 13^ December 2017 as the Claimant has
complied with the earlier directions order made on 06 November 2017. A copy of the email
{h
correspondence to the Court can be found in exhibit LI6.
11. The Claimant has received no response from the Court following the email it sent out
on 14 November 2017.
th
rd
12. On 03 January 2017 I received an order from the Edmonton County Court ordering the
Claimant to pay the Defendant's costs of the action on a standard basis to be assessed if not
agreed. Please refer to exhibit LI7. The order was made after the Defendant’s representatives
filed an application notice at Court on 21 December 2017. The application was only received
s5
by the Claimant on 27 December 2017 and as l was on annual leave, the application notice
rd
only came to my attention on 03 January 2017 so I was not able to respond.
23