Friedrich v. Canada
The appeal was dismissed because the trial judge did not err in concluding that the plaintiffs' near total failure to advance their claim, the inordinate delay, the lack of any meaningful plan to proceed, and the exceptional nature of the prior appellate order justified dismissal.
Source-derived case information.
- Citation
- 2001 FCA 325
- Parties
- Appellant: HARRY R. FRIEDRICH; Appellant: HOME TECHNICS LTD.; Appellant: TECHNICAL CERAMICS INDUSTRIES INC.; Appellant: HAMILTON PROFILE EXTRUDERS INC.; Appellant: FRIEDRICH INDUSTRIES INC.; Appellant: ASSEM-LAB INC.; Appellant: I.T. ELECTRONIC CERAMICS INC.; Appellant: F & T TOOLING INC.; Appellant: HIGH-TEC TRUCK LEASING LTD.; Appellant: OMEMEE DRIVER SERVICE LTD.; Appellant: CAD CAM CANADA LTD.; Appellant: FRIEDRICH TECHNOLOGIES INC.; Respondent: HER MAJESTY THE QUEEN IN RIGHT OF CANADA
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 October 2001
- Procedural Posture
- Appeal (dismissal for Delay) / Judgment on Appeal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Dismissal for Delay, Status Review, Inordinate Delay, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
HARRY R. FRIEDRICH
Appellant
HOME TECHNICS LTD.
Appellant
TECHNICAL CERAMICS INDUSTRIES INC.
Appellant
HAMILTON PROFILE EXTRUDERS INC.
Appellant
FRIEDRICH INDUSTRIES INC.
Appellant
ASSEM-LAB INC.
Appellant
I.T. ELECTRONIC CERAMICS INC.
Appellant
F & T TOOLING INC.
Appellant
HIGH-TEC TRUCK LEASING LTD.
Appellant
OMEMEE DRIVER SERVICE LTD.
Appellant
CAD CAM CANADA LTD.
Appellant
FRIEDRICH TECHNOLOGIES INC.
Appellant
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
Procedural Posture
Appeal (dismissal for Delay) / Judgment on Appeal
Legal Issues
- 1 Whether the trial judge erred in dismissing the action following a notice of status review
- 2 Whether the plaintiffs' near total failure to advance their claim and inordinate delay warranted dismissal
- 3 Effect of a prior appellate order made in "peculiar circumstances" on the exercise of discretion to dismiss
Ratio Decidendi
The appeal was dismissed because the trial judge did not err in concluding that the plaintiffs' near total failure to advance their claim, the inordinate delay, the lack of any meaningful plan to proceed, and the exceptional nature of the prior appellate order justified dismissal.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Friedrich v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2001-10-29 Neutral citation 2001 FCA 325 File numbers A-415-00 Decision Content Date: 20011029 Docket: A-415-00 Neutral citation: 2001 FCA 325 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: HARRY R. FRIEDRICH, HOME TECHNICS LTD., TECHNICAL CERAMICS INDUSTRIES INC., HAMILTON PROFILE EXTRUDERS INC., FRIEDRICH INDUSTRIES INC., ASSEM-LAB INC., I.T. ELECTRONIC CERAMICS INC., F & T TOOLING INC., HIGH-TEC TRUCK LEASING LTD., OMEMEE DRIVER SERVICE LTD., CAD CAM CANADA LTD., and FRIEDRICH TECHNOLOGIES INC. Appellants - and - HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent Heard at Toronto, Ontario, Monday, October 29, 2001 Judgment delivered from the Bench at Toronto, Ontario, on Monday, October 29, 2001 REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20011029 Docket: A-415-00 Neutral citation: 2001 FCA 325 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: HARRY R. FRIEDRICH, HOME TECHNICS LTD., TECHNICAL CERAMICS INDUSTRIES INC., HAMILTON PROFILE EXTRUDERS INC., FRIEDRICH INDUSTRIES INC., ASSEM-LAB INC., I.T. ELECTRONIC CERAMICS INC., F & T TOOLING INC., HIGH-TEC TRUCK LEASING LTD., OMEMEE DRIVER SERVICE LTD., CAD CAM CANADA LTD., and FRIEDRICH TECHNOLOGIES INC. Appellants - and - HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Monday, October 29, 2001) EVANS J.A. We are satisfied that, in all the circumstances of this case, Blais J. committed no error that would warrant the intervention of this Court when he dismissed the plaintiff's action following a notice of status review. Those circumstances are: the almost total failure by the plaintiff to advance his claim; the inordinate delay that has occurred in this matter; the absence of any meaningful plan by the plaintiff for proceeding in this matter in a timely manner; and the earlier order of this Court, dated January 13, 2000, allowing an appeal from a previous order dismissing the plaintiffs' action for delay following a first notice of status review, and made "in the peculiar circumstances" of this case. For these reasons, the appeal will be dismissed with costs. "John M. Evans" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-415-00 STYLE OF CAUSE: HARRY R. FRIEDRICH, HOME TECHNICS LTD., TECHNICAL CERAMICS INDUSTRIES INC., HAMILTON PROFILE EXTRUDERS INC., FRIEDRICH INDUSTRIES INC., ASSEM-LAB INC., I.T. ELECTRONIC CERAMICS INC., F & T TOOLING INC., HIGH-TEC TRUCK LEASING LTD., OMEMEE DRIVER SERVICE LTD., CAD CAM CANADA LTD., and FRIEDRICH TECHNOLOGIES INC. Appellants - and - HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent DATE OF HEARING: MONDAY, OCTOBER 29, 2001 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON MONDAY, OCTOBER 29, 2001. APPEARANCES BY: Mr. Richard Barrett For the Appellants Ms. Wendy Linden For the Respondent SOLICITORS OF RECORD: Richard Barrett Barrister & Solicitor Suite 300 2085 Hurontario Street Mississauga, Ontario L5A 4G1 For the Appellants Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF APPEAL Date: 20011029 Docket: A-415-00 BETWEEN: HARRY R. FRIEDRICH, HOME TECHNICS LTD., TECHNICAL CERAMICS INDUSTRIES INC., HAMILTON PROFILE EXTRUDERS INC., FRIEDRICH INDUSTRIES INC., ASSEM-LAB INC., I.T. ELECTRONIC CERAMICS INC., F & T TOOLING INC., HIGH-TEC TRUCK LEASING LTD., OMEMEE DRIVER SERVICE LTD., CAD CAM CANADA LTD., and FRIEDRICH TECHNOLOGIES INC. Appellants - and - HER MAJESTY THE QUEEN IN RIGHT OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT