A-549-96
CORAM: HUGESSEN
J.A.
DÉCARY J.A.
CHEVALIER
D.J.
BETWEEN:
ATTORNEY
GENERAL OF CANADA,
Applicant,
AND:
131853
CANADA INC.,
Respondent.
Hearing
held at Montréal
on
Tuesday, January 14, 1997
Order
made at Montréal
on
Tuesday, January 14, 1997
REASONS
FOR ORDER OF THE COURT BY: HUGESSEN J.A.
A-549-96
CORAM: HUGESSEN
J.A.
DÉCARY J.A.
CHEVALIER
D.J.
BETWEEN:
ATTORNEY
GENERAL OF CANADA,
Applicant,
AND:
131853
CANADA INC.,
Respondent.
REASONS
FOR ORDER
(Delivered
from the bench at Montréal
on
Tuesday, January 14, 1997)
HUGESSEN J.A.
It is
established that the applicant’s application record was served outside the time
set by Rule 1606(1)(b). In response to the respondent’s application to
dismiss, the applicant did not file an application for an extension of time.
Counsel for the applicant sought to make an oral application for such an
extension at the hearing, but in our view such an application cannot be
entertained where no affidavit has been filed explaining the reasons for the
delay and the chance that the application for judicial review will be
successful. That being the case, the application for judicial review must be
dismissed on the ground that it was brought improperly.
James K. Hugessen
J.A.
Certified true
translation
A. Poirier
FEDERAL
COURT OF APPEAL
A-549-96
BETWEEN:
ATTORNEY
GENERAL OF CANADA,
Applicant,
AND:
131853
CANADA INC.,
Respondent.
REASONS
FOR ORDER
FEDERAL
COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
COURT
FILE NO.: A-549-96
STYLE
OF CAUSE: ATTORNEY GENERAL OF CANADA,
Applicant,
AND:
131853
CANADA INC.,
Respondent.
PLACE
OF HEARING: Montréal, Quebec
DATE
OF HEARING: January 14, 1997
REASONS FOR ORDER OF THE COURT (THE HONOURABLE MR.
JUSTICE HUGESSEN, THE HONOURABLE MR. JUSTICE DÉCARY AND THE HONOURABLE DEPUTY
JUSTICE CHEVALIER)
DELIVERED FROM THE BENCH BY: the
Honourable Mr. Justice Hugessen
Dated: January
14, 1997
APPEARANCES:
Paul Plourde for
the Applicant
Martin Fortier for
the Respondent
SOLICITORS OF RECORD:
George Thomson for
the Applicant
Deputy Attorney General
of Canada
Ottawa, Ontario
Dagenais et Associés for
the Respondent
Montréal, Quebec
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