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