Hassle v. Canada (Minister of National Health and Welfare)

The Motions Judge did not commit reversible error in granting the extension of time; the appellate court will not interfere with the exercise of discretion in the circumstances of this case and therefore dismisses the appeal.

Source-derived case information.

Citation: 2001 FCA 95
Parties: Appellant: AB Hassle; Appellant: Astra Pharma Inc.; Respondent: The Minister of National Health and Welfare; Respondent: Apotex Inc.
Court: Federal Court of Appeal
Jurisdiction: Canada
Judgment Date: 30 March 2001
Procedural Posture: Appeal / Appeal From Motions Judge Order Granting Extension of Time for Cross Examination and Filing of Record
Outcome: Appeal dismissed
Legal Topics: Extension of Time, Cross Examination, Discretion of Motions Judge, Appealability
Source Language: en

Civil Procedure Administrative Law Extension of Time Cross Examination Discretion of Motions Judge Appealability

Source-derived case record

Summary, issues, holding and outcome

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Legal principles 2 Party arguments 2

Parties

AB Hassle

Appellant

Astra Pharma Inc.

Appellant

The Minister of National Health and Welfare

Respondent

Apotex Inc.

Respondent

Procedural Posture

Appeal / Appeal From Motions Judge Order Granting Extension of Time for Cross Examination and Filing of Record

Legal Issues

1 Whether the Motions Judge committed reversible error in granting Apotex an extension of time for completion of cross-examination and for filing its record
2 What standard of appellate review applies to discretionary procedural rulings by a Motions Judge

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed with costs in any event of the cause
Order of Giles A.S.P. granting Apotex an extension of time for completion of cross-examination and for filing its record is affirmed

Full Case Text

Judgment text and source record

1 paragraphs

Hassle v. Canada (Minister of National Health and Welfare) Court (s) Database Federal Court of Appeal Decisions Date 2001-03-30 Neutral citation 2001 FCA 95 File numbers A-717-00 Decision Content Date:20010330 Docket:A-717-00 Neutral citation: 2001 FCA 95 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: AB HASSLE and ASTRA PHARMA INC. Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE and APOTEX INC. Respondents (Respondents) Heard at Toronto, Ontario, Thursday, March 29, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Thursday, March 29, 2001 REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20010330 Docket: A-717-00 Neutral citation: 2001 FCA 95 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: AB HASSLE and ASTRA PHARMA INC. Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE and APOTEX INC. Respondents (Respondents) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Thursday, March 29, 2001) EVANS J.A. We are not persuaded that, in all the circumstances of the case, the Motions Judge committed any reversible error when, in the exercise of her discretion, she dismissed the appeal from the Order of Giles A.S.P. granting Apotex' motion for an extension of time for the completion of cross-examination and for filing its record. The appeal will be dismissed with costs in any event of the cause. "John M. Evans" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-717-00 STYLE OF CAUSE: AB HASSLE and ASTRA PHARMA INC. Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE and APOTEX INC. Respondents (Respondents) DATE OF HEARING: THURSDAY, MARCH 29, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Delivered at Toronto, Ontario on Monday, March 26, 2001 APPEARANCES: Gunars A. Gaikis, and J. Sheldon Hamilton For the Appellant Andrew R. Brodkin, and Julie Perrin For the Respondent SOLICITORS OF RECORD: Smart & Biggar Barristers & Solicitors 438 University Avenue Suite 1500 Toronto, Ontario M5G 2K8 For the Appellant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF APPEAL Date: 20010330 Docket: A-717-00 BETWEEN: AB HASSLE and ASTRA PHARMA INC. Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE and APOTEX INC. Respondents (Respondents) REASONS FOR JUDGMENT OF THE COURT

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