Supreme Court of Canada
Fee et al. v. Bradshaw et al.,  1 S.C.R. 607
Harvey Fee and Affiliated Offices Ltd. Appellants;
M.J. Bradshaw, H.O. Merret, R.W. Arbuckle, H.E. Garland, S.F. Hobart, J.S. Hodgson and Bud Cullen Respondents.
File No.: 15179.
1981: February 9.
Present: Martland, Ritchie, Dickson, Beetz and Lamer JJ.
ON APPEAL FROM THE FEDERAL COURT OF APPEAL
Courts—Practice—Appeal abandoned by delay—Rules of the Supreme Court of Canada, Rule 59.
Leave to appeal to the Supreme Court was granted on June 5, 1978,  1 S.C.R. vii, and the notice of appeal filed on July 4, 1978. However, the appeal had not been brought for hearing by appellant before September 22, 1980 and therefore was not within the one-year period pursuant to Rule 59.
APPEAL from a judgment of the Federal Court of Appeal, affirming a judgment of the Trial Division, 76 DTC 6279, denying an injunction. Appeal held to be abandoned.
Pierre Fournier and Paul Marchand, for the appellants.
Jacques Ouellet, Q.C., for the respondents.
The judgment of the Court was delivered orally by
MARTLAND J.—By virtue of Rule 59 of the Rules of the Supreme Court of Canada, the present appeal is held to have been abandoned unless this Court or a judge thereof otherwise orders. We do not find any basis for otherwise ordering and so this appeal must be deemed to be adandoned.
Solicitors for the appellants: Byers, Casgrain, McNally, Dingle, Benn & Lefebvre, Montreal.
Solicitors for the respondents: Gaspard Côté and Jacques Ouellet, Montreal.