Date: 20000616
Docket: A-184-99
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
PAUL-ARTHUR GRENIER, personally
and in his capacity of tutor to his minor children,
MRS. PAUL-ARTHUR GRENIER, FRANCE GRENIER,
CHANTAL GRENIER, SONIA GRENIER,
SYLVAIN GRENIER and MARTIN GRENIER,
Appellants,
AND:
HER MAJESTY THE QUEEN,
Respondent.
Hearing held at Québec, Quebec on Friday, June 16, 2000
Judgment from the bench at Québec, Quebec on Friday June 16, 2000
REASONS FOR JUDGMENT BY THE COURT
Date: 20000616
Docket: A-184-99
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
PAUL-ARTHUR GRENIER, personally
and in his capacity of tutor to his minor children,
PAUL-ARTHUR GRENIER, FRANCE GRENIER,
CHANTAL GRENIER, SONIA GRENIER,
SYLVAIN GRENIER and MARTIN GRENIER,
Appellants,
AND:
HER MAJESTY THE QUEEN,
Respondent.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Québec, Quebec
on Friday, June 16, 2000)
BY THE COURT
[1] Whereas on June 28, 1982 the appellant brought an action for damages against Her Majesty the Queen in connection with the use of ureaformaldehyde foam insulation (UFFI);
[2] Whereas the appellants shelved their action pending the decision of the Quebec Court of Appeal in a test case, Berthiaume v. Réno-Dépôt Inc., [1995] R.J.Q. 2796, dealing with the same matter;
[3] Whereas immediately after that decision was rendered the appellants notified the respondent to file their [sic] defence;
[4] Whereas pursuant to a status review notice issued on September 10, 1998, directing the appellants to submit reasons why their action should not be dismissed, McGillis J. on January 25, 1999 ordered that the said action be dismissed pursuant to s. 382(2)(a) of the Federal Court Rules, 1998;
[5] Whereas the appellants, who were not represented by counsel, on February 4, 1999 unsuccessfully opposed this decision of McGillis J. by a motion to reconsider pursuant to Rule 397;
[6] Whereas it is clear that the appellants wished to challenge the decision of January 25, 1999 on the merits and should instead have proceeded by way of an appeal;
[7] Whereas the appellants at all times intended to appeal this decision of January 25, 1999, which was moreover recognized by the respondent forthwith, and filed their motion to reconsider within the appeal deadlines;
[8] Whereas their misunderstanding of the correct procedure is due to their lack of legal representation;
[9] Whereas pursuant to s. 27(2) of the Federal Court Act the appellants may file a motion in the Trial Division to extend the deadline for appealing the decision of January 25, 1999 by McGillis J.;
[10] Whereas the appeal now before this Court cannot succeed and must be dismissed;
[11] Whereas the respondent has waived costs on the dismissal of this appeal;
THE FOLLOWING ORDER IS ACCORDINGLY MADE:
[12] The appeal is dismissed without costs and without prejudice to the appellants' right to file an application in the Trial Division as soon as possible, pursuant to s. 27(2) of the Federal Court
Act, to extend the deadline for appealing the decision of McGillis J. on January 25, 1999 dismissing their action.
Alice Desjardins
J.A.
Gilles Létourneau
J.A.
Marc Nöel
J.A.
Certified true translation
Martine Brunet, LL. B.
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
APPEAL FROM (JUDGMENT/ORDER) OF THE TRIAL DIVISION ON MARCH 15, 1999, FILE No. T-6317-82.
STYLE OF CAUSE: Paul-Arthur Grenier et al. v. Her Majesty the Queen
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: June 16, 2000
REASONS FOR JUDGMENT OF THE COURT: Desjardins, Létourneau and Noël JJ.A.
DATED: June 16, 2000
APPEARANCES:
| Paul-Arthur Grenier FOR HIMSELF |
| Éric Lafrenière FOR THE RESPONDENT |
SOLICITORS OF RECORD:
| Paul-Arthur Grenier FOR HIMSELF |
Beauport, Quebec
| Morris Rosenberg FOR THE RESPONDENT |
Deputy Attorney General of Canada
Ottawa, Ontario
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