DESJARDINS J.A.
[1] The appellant is appealing two decisions from the Trial Division.
[2] In file A-843-99, the trial judge dismissed the appellant's application for an extension to file an application for judicial review after the 20-day period provided in section 44(1) of the Access to Information Act (R.S.C. 1985, c. A-1).
[3] We are of the view that the trial judge was fully justified in making her decision.
[4] The period is prescribed by statute that does not provide the Court with any discretion to extend it (see Dawe v. Canada (1994), 86 F.T.R. 240 (F.C.A.); J.M. Schneider Inc. v. The Queen (1986), 12 C.P.R. (3d) 90 (F.C.T.D.)).
[5] The appeal will therefore be dismissed with costs.
[6] In file A-842-99, in which the appellant sought leave to incorporate the application for review of Health Canada's decision dated October 5, 1999, into an already existing application for judicial review, we believe that the trial judge had no choice but to dismiss the motion since, in any case, the appellant could not seek to incorporate a proceeding that was filed after the limitation period, as was determined in file A-843-99.
[7] This appeal will also be dismissed with costs.
Alice Desjardins
J.A.
Montréal, Quebec
February 26, 2001
Certified true translation
Sophie Debbané, LL.B.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010226
Docket: A-842-99
A-843-99
Between:
MERCK FROSST CANADA & CO.
Appellant
AND
MINISTER OF NATIONAL HEALTH
Respondent
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-842-99
Appeal from a decision of the Trial Division
dated December 14, 1999, in file T-971-99
A-843-99
Appeal from a decision of the Trial Division
dated December 14, 1999, in file 99-T-38
STYLE OF CAUSE: MERCK FROSST CANADA & CO.
Appellant
AND
MINISTER OF NATIONAL HEALTH
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 26, 2001
REASONS FOR JUDGMENT: Desjardins J.A.
DATED: February 26, 2001
APPEARANCES:
Jacques Jeansonne FOR THE APPELLANT
Jan Brongers FOR THE RESPONDENT
SOLICITORS OF RECORD:
McCarthy Tétrault
Montréal, Quebec FOR THE APPELLANT
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT
Date: 20010226
Docket: A-842-99
Montréal, Quebec, Monday, the 26th day of February 2001
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
MERCK FROSST CANADA & CO.
Appellant
AND
MINISTER OF NATIONAL HEALTH
Respondent
J U D G M E N T
The appeal is dismissed with costs.
Alice Desjardins
J.A.
Certified true translation
Sophie Debbané, LLB
Date: 20010226
Docket: A-843-99
Montréal, Quebec, Monday, the 26th day of February 2001
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
MERCK FROSST CANADA & CO.
Appellant
AND
MINISTER OF NATIONAL HEALTH
Respondent
J U D G M E N T
The appeal is dismissed with costs.
Alice Desjardins
J.A.
Certified true translation
Sophie Debbané, LLB
Date: 20010226
Docket: A-842-99
A-843-99
Neutral citation: 2001 FCA 40
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN: MERCK FROSST CANADA & CO.
Appellant
AND
MINISTER OF NATIONAL HEALTH AND WELFARE
Respondent
Hearing held at Montréal, Quebec
on Monday, February 26, 2001
Judgment delivered from the bench at Montréal, Quebec
on Monday, February 26, 2001
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A.
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