Miel Labonté Inc. v. Canada (Attorney General), 2005 FC 626

                                                                                                                                  Date: 20050505

                                                                                                                             Docket: T-1847-04

Citation: 2005 FC 626

Montréal, Quebec, May 5, 2005

Present:           MR. RICHARD MORNEAU, PROTHONOTARY

BETWEEN:

MIEL LABONTÉ INC.

Applicant

and

ATTORNEY GENERAL OF CANADA

and

CANADIAN FOOD

INSPECTION AGENCY

Respondents

-            Motion in writing by the applicant dated April 4, 2005, served the next day, April 5, 2005, for leave to file and serve its record under rule 309;

-            Motion in writing by the applicant dated April 5, 2005, served on April 8, 2005, for leave to extend the time for examining the respondents' affiant and for filing its record under rule 309.

REASONS FOR ORDER AND ORDER

[1]         In the Court's opinion, the applicant's motion dated April 5 includes the motion of April 4, 2005, so the Court intends to address only the applicant's motion of April 5, 2005 (the applicant's motion).

[2]         Although the Court is not disposed to reject Mr. Gaul's affidavit, filed by the applicant in support of its motion, the Court can and should nevertheless assign it only limited weight. This affidavit simply does not at all, in the end, justify an extension of time for cross-examination of the respondent's affiant. Moreover, the applicant itself establishes that its memorandum of fact and law under rule 309 is ready. This further establishes that this cross-examination is unnecessary. That part of the motion is therefore dismissed.

[3]         As to the extension of time for serving and filing the applicant's record under rule 309, Mr. Gaul's affidavit, notwithstanding its limited weight, after balancing I am satisfied that the various criteria identified by the Federal Court of Appeal in Canada (Attorney General) v. Hennelly (1999), 244 N.R. 399, have been met. I note in particular from the record as a whole that the applicant has demonstrated a consistent intention to pursue its application and that the respondents are not prejudiced by the deadline granted herein.

[4]         Accordingly, the Court gives leave to the applicant to serve and file its record under rule 309 within five days of the date of this motion. Costs in the cause for this motion.

Richard Morneau

Prothonotary

Certified true translation

K.A. Harvey

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                            T-1847-04

STYLE:                                                MIEL LABONTÉ INC.

Applicant

and

ATTORNEY GENERAL OF CANADA

and

CANADIAN FOOD INSPECTION AGENCY

Respondents

WRITTEN MOTION DECIDED IN MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES

REASONS FOR ORDER:                MR. RICHARD MORNEAU, PROTHONOTARY

DATE OF REASONS:                        May 5, 2005

WRITTEN SUBMISSIONS BY:

Irving Gaul                                             FOR THE APPLICANT

Guy M. Lamb                                        FOR THE RESPONDENTS

SOLICITORS OF RECORD:

Irving Gaul                                             FOR THE APPLICANT

Boucherville, Quebec

John H. Sims, Q.C.                               FOR THE RESPONDENTS

Deputy Attorney General

of Canada