What is the effect of the factum in a motion for abandonment?

While law firms should be encouraged to hire summer law students, the losing side on a motion should not have to pay for student learning time, particularly when the student has spent time on irrelevant issues. I do not know whether the student was left to his own devices or whether he was pointed in the wrong direction, but apart from my comments in paragraph 2 above, the factum contains irrelevant and wrong material. Rules 77 and 78 have nothing to do with this motion. There appears to be confusion about Rule 78.06 which deals with a registrar’s dismissal for abandonment when NO STATEMENT OF DEFENCE HAS BEEN FILED. It is in this situation that the registrar gives forty-five days notice before dismissal; no notice is given when there is a failure to set down an action in the face of a court order to do so. Toronto-Dominion Bank v. Entretel Inc. et al., provided for this motion, is an abandonment case and does not assist in the motion before me.