Date: 20021023
Docket: T-1289-02
Neutral citation: 2002 FCT 1104
Winnipeg, Manitoba, this 23rd day of October, 2002
PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE
BETWEEN:
ABBOTT LABORATORIES, LIMITED
ABBOTT LABORATORIES INTERNATIONAL
Applicants
- and -
THE MINISTER OF NATIONAL REVENUE
Respondent
[1] This is a motion by the applicants for:
1. An order for leave to file ten notices of application for judicial review that categorize 95 purported decisions made by Canada Customs and Revenue Agency ("CCRA") pursuant to subsection 59(1) of the Customs Act, R.S., 1985, c. 1 (2nd Supp.) (the "Act") by product and by issuing officer;
2. An order that the following notices of application for judicial review be consolidated, heard together pursuant to Rule 105(b) of the Federal Court Rules, 1998; T-1289-02, T-1290-02, T-1291-02, T-1292-02, T-1293-02,
T-1294-02, T-1295-02, T-1296-02, T-1297-02 and T-1298-02;
3. In the alternative, an order that the applicants may file 95 notices of application outside the prescribed time frames; and
4. Such further and other relief as counsel may request and this Honourable Court deems just.
[2] The CCRA has issued 95 notices with respect to the applicants, pursuant to subsection 59(1) of the Act.
[3] The applicants have organized the notices into ten groups by product and issuing officer. Each of these ten groups is the subject of a judicial review application.
[4] The applicants wish to file ten applications for judicial review instead of the normal number of 95 applications.
[5] Each of the ten proposed applications deal with the same product and the same issuing officer.
[6] In addition, the applicants wish to have the ten judicial review applications consolidated and heard together pursuant to Rule 105(a) of the Federal Court Rules, 1998.
[7] The respondents are prepared to consent to an order pursuant to Rule 302 of the Federal Court Rules, 1998 permitting the applicants to file a single application for judicial review.
[8] The respondents' consent is given subject to the caveats contained in paragraph 5 of the respondents' motion record.
[9] Upon review of the materials filed by the parties, I note that the applicants filed ten applications for judicial review on the basis of the product involved and the officer who issued the notices. By way of example, there are 33 notices with respect to Similac issued by Catherine Knight. These 33 notices are the subject of one of the judicial review applications.
[10] I am of the view that the categorization proposed by the applicants is an appropriate categorization and will result in a more efficient handling of the issues than to have either one judicial review application or 95 judicial review applications.
[11] I would therefore, pursuant to Rule 362 of the Federal Court Rules, 1998, grant the applicants' motion to have the 95 notices dealt with in the ten judicial review applications proposed by the applicants.
[12] In addition, I am prepared to grant an order pursuant to Rule 105(a) of the Federal Court Rules, 1998, allowing the ten applications for judicial review to be consolidated and heard together.
[13] An order will also issue that the applicants shall have 10 days after the date of issuance of this order to file the requisite number of affidavits.
ORDER
[14] IT IS ORDERED that:
1. Leave is granted to file the ten notices of application for judicial review, listed in paragraph [1]2. of this decision, that categorize 95 purported decisions made by the CCRA, pursuant to subsection 59(1) of the Customs Act, supra.
2. The following notices of application for judicial review be consolidated and heard together pursuant to Rule 105(a); T-1289-02, T-1290-02, T-1291-02, T-1292-02, T-1293-02,
T-1294-02, T-1295-02, T-1296-02, T-1297-02 and T-1298-02.
3. The applicants shall have ten days after the date of the issuance of this order to file the requisite number of affidavits.
"John A. O'Keefe"
J.F.C.C.
Winnipeg, Manitoba
October 23, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1289-02
STYLE OF CAUSE: ABBOTT LABORATORIES, LIMITED
ABBOTT LABORATORIES INTERNATIONAL
- and -
THE MINISTER OF NATIONAL REVENUE
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER AND ORDER OF O'KEEFE J.
DATED: WEDNESDAY, OCTOBER 23, 2002
WRITTEN REPRESENTATIONS BY:
Brenda C. Swick FOR APPLICANTS
J. Sanderson Graham FOR RESPONDENT
Department of Justice
284 Wellington Street
East Memorial Building Room 2211
Ottawa, ON K1A 0G8
SOLICITORS OF RECORD:
Ogilvy Renault
Barristers & Solicitors
1600 - 45 O'Connor Street
Ottawa, ON K1P 1A4 FOR APPLICANTS
Morris Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20021023
Docket: T-1289-02
BETWEEN:
ABBOTT LABORATORIES, LIMITED
ABBOTT LABORATORIES INTERNATIONAL
Applicants
- and -
THE MINISTER OF NATIONAL REVENUE
Respondent
REASONS FOR ORDER AND ORDER