Date: 20020509
Docket: A-184-01
Montréal, Quebec, May 9, 2002
CORAM: DESJARDINS J.A.
LÉTOURNEAUJ.A.
PELLETIERJ.A.
BETWEEN:
SOUCY INTERNATIONAL INC.
Appellant
and
CAMOPLAST INC.
Respondent
ORDER
The two motions for dismissal of the appeals and for a stay of proceedings are dismissed without costs, and appeals A-184-01 and A-428-01 will be heard consecutively by the same panel, beginning with the appeal in docket A-184-01.
The parties will be required to adhere to the following schedule:
The appeal book will be prepared jointly and filed no later than May 31, 2002.
- Soucy International Inc. undertakes to serve and file its memorandum no later than June 28, 2002.
- Camoplast Inc. undertakes to serve and file its memorandum no later than August 15, 2002.
- The appeal book in A-184-01 shall include exhibits that are needed for the hearing of that appeal but that have not already been submitted in A-428-01.
The requisition for hearing shall be filed on or before August 30, 2002.
A copy of this order and of the reasons for order shall be filed in docket A-428-01.
"Alice Desjardins"
J.A.
Certified true translation
Sophie Debbané, LLB
Date: 20020509
Docket: A-184-01
Neutral Citation: 2002 FCA 189
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
PELLETIER J.A.
BETWEEN:
SOUCY INTERNATIONAL INC.
Appellant
and
CAMOPLAST INC.
Respondent
Hearing held at Montréal, Quebec, on May 9, 2002
Order delivered from the bench at Montréal, Quebec, on May 9, 2002
REASONS FOR ORDER: DESJARDINS J.A.
Date: 20020509
Docket: A-184-01
Neutral Citation: 2002 FCA 189
CORAM: DESJARDINS J.A.
LÉTOURNEAUJ.A.
PELLETIERJ.A.
BETWEEN:
SOUCY INTERNATIONAL INC.
Appellant
and
CAMOPLAST INC.
Respondent
REASONS FOR ORDER
(Delivered from the bench at Montréal, Quebec,
on May 9, 2002.)
DESJARDINSJ.A.
[1] We have before us two motions in docket A-184-01. The first motion, brought by Camoplast Inc. (Camoplast), is for the dismissal of the appeal by Soucy International Inc. (Soucy) on the ground that Soucy failed to file its appeal book and memorandum as prescribed by rules 345 and 346 of the Federal Court Rules. The second motion, brought by Soucy, is for a stay of the proceedings in that case until this Court has disposed of docket A-428-01.
[2] After hearing the motions, it became clear that the fairest solution is to order that the two appeals noted above be heard consecutively by the same panel, beginning with the appeal in docket A-184-01.
[3] The Court also sets the following schedule:
- The appeal book shall be prepared jointly and filed no later than May 31, 2002.
- Soucy International Inc. undertakes to serve and file its memorandum no later than June 28, 2002.
- Camoplast Inc. undertakes to serve and file its memorandum no later than August 15, 2002.
- The appeal book in A-184-01 shall include exhibits that are needed for the hearing of that appeal but that have not already been submitted in A-428-01.
The requisition for hearing shall be filed no later than August 30, 2002.
[4] The two motions for dismissal of the appeals and for a stay of the proceedings will accordingly be dismissed without costs and appeals A-184-01 and A-428-01 will be heard consecutively by the same panel, beginning with the appeal in docket A-184-01. The parties shall adhere to the schedule described above.
[5] A copy of the order and of the reasons for order shall be filed in docket A-428-01.
"Alice Desjardins"
J.A.
Certified true translation
Sophie Debbané, LLB
FEDERAL COURT OF APPEAL
Date: 20020509
Docket: A-184-01
Between:
SOUCY INTERNATIONAL INC.
Appeallant
and
CAMOPLAST INC.
Respondent
REASONS FOR ORDER
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-184-01
STYLE OF CAUSE: SOUCY INTERNATIONAL INC.
Appellant
and
CAMOPLAST INC.
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 9, 2002
REASONS FOR ORDER BY:
THE HONOURABLE DESJARDINS J.A.
CONCURRED IN BY: THE HONOURABLE LÉTOURNEAU J.A.
THE HONOURABLE PELLETIER J.A.
DATED: May 9, 2002
APPERANCES:
Eric Ouimet FOR THE APPELLANT
Jean Carrière FOR THE RESPONDENT
SOLICITORS OF RECORD:
Brouillette Charpentier Fortin
Montréal, Quebec FOR THE APPELLANT
Mendelsohn Rosentzveig Shacter
Montréal, Quebec FOR THE RESPONDENT