Peak Innovations Inc. v. Simpson Strong-Tie Company, Inc.

Peak Innovations Inc. v. Simpson Strong-Tie Company, Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2011-03-02
Neutral citation
2011 FCA 81
File numbers
A-368-10
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
Date: 20110302
Docket: A-368-10
Citation: 2011 FCA 81
CORAM: EVANS J.A.
DAWSON J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
PEAK INNOVATIONS INC.
Appellant
and
SIMPSON STRONG-TIE COMPANY, INC.
Respondent
Heard at Vancouver, British Columbia, on March 2, 2011.
Judgment delivered from the Bench at Vancouver, British Columbia, on March 2, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: LAYDEN-STEVENSON J.A.
Federal Court of Appeal
Cour d'appel fédérale
Date: 20110302
Docket: A-368-10
Citation: 2011 FCA 81
CORAM: EVANS J.A.
DAWSON J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
PEAK INNOVATIONS INC.
Appellant
and
SIMPSON STRONG-TIE COMPANY, INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on March 2, 2011)
LAYDEN-STEVENSON J.A.
[1] This is an appeal of the order of Justice Beaudry of the Federal Court dated September 9, 2010, dismissing an appeal from a direction of Prothonotary Aalto directing that the appellant’s motion is premature and “stayed pending the outcome of the appeals in Federal Court of Appeal File numbers A-512-09 and A-513-09.”
[2] We are of the view that the appeal ought not to have been entertained in the first instance. The jurisprudence of this Court is well settled. No appeal lies from a direction: Froom v. The Queen 2003 FCA 141. It follows that, in the circumstances of this matter, no costs ought to have been awarded against the appellant.
[3] We are also of the view that the appellant’s motion is now ripe for hearing since the appeals upon which the motion was stayed were decided on October 20, 2010.
[4] We would add that, in circumstances where counsel is uncertain regarding, or wishes to challenge, the nature of a direction arising from a case management conference, counsel is at liberty to request, on motion, a formal order which sets out the substance of the direction.
[5] The appeal will be allowed to the extent of the costs. The order of the judge with respect to costs will be set aside.
“Carolyn Layden-Stevenson”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-368-10
STYLE OF CAUSE: PEAK INNOVATIONS INC. v.
SIMPSON STRONG-TIE COMPANY, INC.
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: March 2, 2011
REASONS FOR JUDGMENT EVANS J.A.
OF THE COURT BY: DAWSON J.A.
LAYDEN-STEVENSON J.A.
DELIVERED FROM THE BENCH BY: LAYDEN-STEVENSON J.A.
APPEARANCES:
Paul Smith
FOR THE APPELLANT
No one appeared
FOR THE RESPONDENT
SOLICITORS OF RECORD:
SMITHS IP
Vancouver, British Columbia
FOR THE APPELLANT
Sim, Lowman, Ashton & McKay LLP
Toronto, Ontario
FOR THE RESPONDENT