Date: 20010821
Docket: T-654-01
Neutral citation: 2001 FCT 930
Toronto, Ontario, Tuesday, the 21st day of August, 2001
PRESENT: Peter A. K. Giles, Esquire
Associate Senior Prothonotary
BETWEEN:
CANADIAN STEEL PRODUCERS ASSOCIATION and STELCO INC.
Applicants
-and-
THE COMMISSIONER OF CUSTOMS AND REVENUE
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The Registry has brought to me for a direction under Rule 72 an applicant's application record which, as is customary, was tendered by counsel on what they calculated as the last possible day for filing and, as is too often the case, the calculation was wrong. The twenty day period for filing following the termination of an extended period for cross-examination ended on August 4th, 2001, the Saturday of the long August weekend. That day being a holiday by Rule 6 the filing would have been permitted on the next business day, the Tuesday. The applicant however, on consent, obtained an extension for the time of filing until the 17th of August, 2001, that is 10 days from the Tuesday. The period for filing ended on the Saturday, and that period could only be extended by one half of the original period or 10 days. Such extension would have expired on August 14th, 2001. The two so called extensions are not added together. The original period is extended by a consent under Rule 7. The filing, otherwise required for the Saturday, was permitted on the next business day technically the time was not extended merely the filing was permitted on a later day.
[2] The purported extension of time granted by the respondent is invalid because it would have provided an extension of time more than half the original period. A motion is therefore required for an extension to the 17th of August, 2001.
[3] In view of the fact that the respondent was willing to have the time extended to the 17th of August there is presumably no prejudice in granting an extension. I note also, that the time of the Registry has already been sufficiently consumed by this attempt at filing, and the ensuing correspondence, and telephone exchanges. So I propose to grant an extension on my own motion.
ORDER
1. Ex proprio motu the time for filing the applicant's application record is extended to August 21st, 2001, and all other times are extended accordingly.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
August 21, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-654-01
STYLE OF CAUSE: CANADIAN STEEL PRODUCERS ASSOCIATION and STELCO INC.
Applicants
-and-
THE COMMISSIONER OF CUSTOMS AND
REVENUE
Respondent
CONSIDERED AT TORONTO, PURSUANT TO RULE 72 OF THE FEDERAL COURT RULES 1998 SEEKING DIRECTIONS.
REASONS FOR ORDER
AND ORDER BY: GILES A.S.P.
DATED: TUESDAY, AUGUST 21, 2001
WRITTEN SUBMISSIONS BY: Mr. Riyaz Dattu
For the Applicants
Mr. F.B. (Rick) Woyiwada
For the Respondent
SOLICITORS OF RECORD: MCCARTHY TÉTRAULT
Barristers & Solicitors
Suite 4700, Toronto Dominion Bank Tower
Toronto Dominion Centre
Toronto, Ontario
M5K 1E6
For the Applicants
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010821
Docket: T-654-01
Between:
CANADIAN STEEL PRODUCERS ASSOCIATION and STELCO INC.
Applicants
-and-
THE COMMISSIONER OF CUSTOMS
AND REVENUE
Respondent
REASONS FOR ORDER
AND ORDER
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