Date: 20001102
Docket: A-355-99
MONTRÉAL, QUEBEC, THE 2NDDAY OF NOVEMBER, 2000
CORAM: THE HONOURABLE MR. JUSTICE DÉCARY
THE HONOURABLE MR. JUSTICE LÉTOURNEAU |
THE HONOURABLE MR. JUSTICE NOËL |
BETWEEN:
IMPORTATIONS ALIMENTAIRES STELLA INC.
Appellant
AND:
NATIONAL CHEESE COMPANY LIMITED
Respondent
JUDGMENT
The appeal is dismissed with costs.
Robert Décary |
J.A. |
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20001102
Docket: A-355-99
Coram: DÉCARY
LÉTOURNEAU
NOËL, JJ.A.
Between:
IMPORTATIONS ALIMENTAIRES STELLA INC.
Appellant
AND:
NATIONAL CHEESE COMPANY LIMITED
Respondent
Hearing held in Montréal, Quebec, on Thursday, November 2, 2000
Judgment pronounced at the hearing in Montréal, Quebec, on Thursday, November 2, 2000
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20001102
Docket: A-355-99
Coram: DÉCARY
LÉTOURNEAU
NOËL, JJ.A.
Between:
IMPORTATIONS ALIMENTAIRES STELLA INC.
Appellant
AND:
NATIONAL CHEESE COMPANY LIMITED
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Pronounced at the hearing in Montréal, Quebec
on Thursday, November 2, 2000)
DÉCARY J.A.
[1] Denault J., and Prothonotary Lafrenière before him, applied the test laid down by Hugessen J.A. in Baroud v. Canada (1998), 160 F.T.R. 91, in dismissing the application for judicial review for delay under Rule 382.
[2] The submissions dealt primarily with the second prong of the test. It was not unreasonable to find that in view of the unacceptable nature of the delay the appellant, to cite the words of Denault J., had to take "concrete and positive steps". For example, the appellant might have attached to its written submissions the record it had failed to file or proposed some firm schedule. What it proposed did not meet these requirements.
[3] The appeal will be dismissed with costs. Denault J. did not award costs and the respondent has not filed a cross-appeal from this conclusion, so there is no reason to award costs in the court below.
Robert Décary
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF APPEAL
Date: 20001102
Docket: A-355-99
Between:
IMPORTATIONS ALIMENTAIRES STELLA INC.
Appellant
AND:
NATIONAL CHEESE COMPANY LIMITED
Respondent
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE NO: A-355-99 |
STYLE: IMPORTATIONS ALIMENTAIRES STELLA INC. |
Appellant
AND: |
NATIONAL CHEESE COMPANY LIMITED |
Respondent
PLACE OF HEARING: Montréal, Quebec |
DATE OF HEARING: November 2, 2000 |
REASONS FOR JUDGMENT OF THE COURT BY DÉCARY J.A.
DATED: November 2, 2000
APPEARANCES:
François M. Grenier for the appellant
François Guay for the respondent
SOLICITORS OF RECORD:
Léger Robic Richard
Montréal, Quebec for the appellant
Smart & Biggar
Montréal, Quebec for the respondent