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Date: 20000627


Docket: A-280-99

CORAM: ROBERTSON, J.A.

     McDONALD, J.A.

     SEXTON, J.A.


BETWEEN:

     687764 ALBERTA LTD. operating as

     WEST END HEALTH AND HOME CARE CENTRE

     Appellant

     - and -

     THE MINISTER OF HEALTH

     Respondent



     REASONS FOR JUDGMENT





Heard at Edmonton, Alberta, on Tuesday, June 27, 2000

Judgment delivered from the Bench at Edmonton, Alberta on Tuesday, June 27, 2000




REASONS OF THE COURT BY:      ROBERTSON J.A.


Date: 20000627


Docket: A-280-99

CORAM: ROBERTSON, J.A.

     McDONALD, J.A.

     SEXTON, J.A.

BETWEEN:

     687764 ALBERTA LTD. operating as

     WEST END HEALTH AND HOME CARE CENTRE

     Appellant

     - and -

     THE MINISTER OF HEALTH

     Respondent


     REASONS FOR JUDGMENT


ROBERTSON, J.A.:


[1]      We are all of the respectful view that the Motions Judge did not err in dismissing the application for an extension of time in which to file an application for judicial review. In reaching this conclusion, we are cognizant of the fact that no proposed originating notice of motion for judicial review was submitted with the application for an extension of time, and therefore, it is impossible to say whether or not the appellant has an arguable case. Accordingly, the appeal will be dismissed with costs.



    

     J.A.

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD


COURT FILE NO.:                      A-280-99

STYLE OF CAUSE:                      687764 Alberta Ltd. et al.

                                 v. The Minister of Health

        

REASONS FOR JUDGMENT                  Robertson J.A.

                                        

DATE:                              June 27, 2000



APPEARANCES:

Walter S. McKall

McCuaig Desrochers                      for the Appellant

Lorraine Neill

Department of Justice                  for the Respondent




SOLICITORS OF RECORD:

McCuaig Desrochers                      for the Appellant

Morris A. Rosenberg,

Deputy Attorney General of Canada

Ottawa, Ontario                      for the Respondent





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