Date: 20011029
Docket: A-415-00
Neutral citation: 2001 FCA 325
CORAM: ROTHSTEIN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
HARRY R. FRIEDRICH, HOME TECHNICS LTD.,
TECHNICAL CERAMICS INDUSTRIES INC.,
HAMILTON PROFILE EXTRUDERS INC., FRIEDRICH
INDUSTRIES INC., ASSEM-LAB INC., I.T. ELECTRONIC
CERAMICS INC., F & T TOOLING INC., HIGH-TEC
TRUCK LEASING LTD., OMEMEE DRIVER SERVICE LTD.,
CAD CAM CANADA LTD., and
FRIEDRICH TECHNOLOGIES INC.
Appellants
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
Heard at Toronto, Ontario, Monday, October 29, 2001
Judgment delivered from the Bench at Toronto,
Ontario, on Monday, October 29, 2001
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20011029
Docket: A-415-00
Neutral citation: 2001 FCA 325
CORAM: ROTHSTEIN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
HARRY R. FRIEDRICH, HOME TECHNICS LTD.,
TECHNICAL CERAMICS INDUSTRIES INC.,
HAMILTON PROFILE EXTRUDERS INC., FRIEDRICH
INDUSTRIES INC., ASSEM-LAB INC., I.T. ELECTRONIC
CERAMICS INC., F & T TOOLING INC., HIGH-TEC
TRUCK LEASING LTD., OMEMEE DRIVER SERVICE LTD.,
CAD CAM CANADA LTD., and
FRIEDRICH TECHNOLOGIES INC.
Appellants
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Monday, October 29, 2001)
EVANS J.A.
We are satisfied that, in all the circumstances of this case, Blais J. committed no error that would warrant the intervention of this Court when he dismissed the plaintiff's action following a notice of status review. Those circumstances are: the almost total failure by the plaintiff to advance his claim; the inordinate delay that has occurred in this matter; the absence of any meaningful plan by the plaintiff for proceeding in this matter in a timely manner; and the earlier order of this Court, dated January 13, 2000, allowing an appeal from a previous order dismissing the plaintiffs' action for delay following a first notice of status review, and made "in the peculiar circumstances" of this case.
For these reasons, the appeal will be dismissed with costs.
"John M. Evans"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-415-00
STYLE OF CAUSE: HARRY R. FRIEDRICH, HOME TECHNICS LTD.,
TECHNICAL CERAMICS INDUSTRIES INC.,
HAMILTON PROFILE EXTRUDERS INC., FRIEDRICH
INDUSTRIES INC., ASSEM-LAB INC., I.T. ELECTRONIC CERAMICS INC., F & T TOOLING INC., HIGH-TEC TRUCK LEASING LTD., OMEMEE DRIVER SERVICE LTD., CAD CAM CANADA LTD., and FRIEDRICH TECHNOLOGIES INC.
Appellants
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
DATE OF HEARING: MONDAY, OCTOBER 29, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: EVANS J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON MONDAY,
OCTOBER 29, 2001.
APPEARANCES BY: Mr. Richard Barrett
For the Appellants
Ms. Wendy Linden
For the Respondent
SOLICITORS OF RECORD: Richard Barrett
Barrister & Solicitor
Suite 300
2085 Hurontario Street
Mississauga, Ontario
L5A 4G1
For the Appellants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20011029
Docket: A-415-00
BETWEEN:
HARRY R. FRIEDRICH, HOME TECHNICS LTD., TECHNICAL CERAMICS INDUSTRIES INC., HAMILTON PROFILE EXTRUDERS INC., FRIEDRICH INDUSTRIES INC., ASSEM-LAB INC., I.T. ELECTRONIC CERAMICS INC., F & T TOOLING INC., HIGH-TEC TRUCK LEASING LTD., OMEMEE DRIVER SERVICE LTD., CAD CAM CANADA LTD., and FRIEDRICH TECHNOLOGIES INC.
Appellants
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT
OF THE COURT
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