Miel Labonté Inc. v. Canada (Attorney General)

Miel Labonté Inc. v. Canada (Attorney General)
Court (s) Database
Federal Court Decisions
Date
2005-05-05
Neutral citation
2005 FC 626
File numbers
T-1847-04
Decision Content
Date: 20050505
Docket: T-1847-04
Citation: 2005 FC 626
Montréal, Quebec, May 5, 2005
Present: MR. RICHARD MORNEAU, PROTHONOTARY
BETWEEN:
MIEL LABONTÉ INC.
Applicant
and
ATTORNEY GENERAL OF CANADA
and
CANADIAN FOOD
INSPECTION AGENCY
Respondents
- Motion in writing by the applicant dated April 4, 2005, served the next day, April 5, 2005, for leave to file and serve its record under rule 309;
- Motion in writing by the applicant dated April 5, 2005, served on April 8, 2005, for leave to extend the time for examining the respondents' affiant and for filing its record under rule 309.
REASONS FOR ORDER AND ORDER
[1] In the Court's opinion, the applicant's motion dated April 5 includes the motion of April 4, 2005, so the Court intends to address only the applicant's motion of April 5, 2005 (the applicant's motion).
[2] Although the Court is not disposed to reject Mr. Gaul's affidavit, filed by the applicant in support of its motion, the Court can and should nevertheless assign it only limited weight. This affidavit simply does not at all, in the end, justify an extension of time for cross-examination of the respondent's affiant. Moreover, the applicant itself establishes that its memorandum of fact and law under rule 309 is ready. This further establishes that this cross-examination is unnecessary. That part of the motion is therefore dismissed.
[3] As to the extension of time for serving and filing the applicant's record under rule 309, Mr. Gaul's affidavit, notwithstanding its limited weight, after balancing I am satisfied that the various criteria identified by the Federal Court of Appeal in Canada (Attorney General) v. Hennelly (1999), 244 N.R. 399, have been met. I note in particular from the record as a whole that the applicant has demonstrated a consistent intention to pursue its application and that the respondents are not prejudiced by the deadline granted herein.
[4] Accordingly, the Court gives leave to the applicant to serve and file its record under rule 309 within five days of the date of this motion. Costs in the cause for this motion.
Richard Morneau
Prothonotary
Certified true translation
K.A. Harvey
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1847-04
STYLE: MIEL LABONTÉ INC.
Applicant
and
ATTORNEY GENERAL OF CANADA
and
CANADIAN FOOD INSPECTION AGENCY
Respondents
WRITTEN MOTION DECIDED IN MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES
REASONS FOR ORDER: MR. RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS: May 5, 2005
WRITTEN SUBMISSIONS BY:
Irving Gaul FOR THE APPLICANT
Guy M. Lamb FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Irving Gaul FOR THE APPLICANT
Boucherville, Quebec
John H. Sims, Q.C. FOR THE RESPONDENTS
Deputy Attorney General
of Canada