Fee et al. v. Bradshaw et al.

Fee et al. v. Bradshaw et al.

Because counsel for the respondents consented, the Court exercised its discretion to grant the applications for rehearing and extension of time, ordered the appeal to be reinscribed for hearing, and awarded no costs; issues of abandonment under Rule 59 may be revisited by rehearing where appropriate.

Citation
[1982] 1 SCR 608
Parties
Appellant: Harvey Fee; Appellant: Affiliated Offices Ltd.; Respondent: M.J. Bradshaw; Respondent: H.O. Merret; Respondent: R.W. Arbuckle; Respondent: H.E. Garland; Respondent: S.F. Hobart; Respondent: J.S. Hodgson; Respondent: Bud Cullen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 June 1981
Procedural Posture
Appeal / Motion for Extension of Time and to Reinscribe; Rehearing Granted
Outcome
Motions granted; appeal reinscribed; rehearing granted; no costs.
Legal Topics
Extension of Time, Reinscription of Appeal, Rehearing, Abandonment of Appeal, Rule 59
Source Language
English
Appeal Civil Procedure Practice and Procedure Extension of Time Reinscription of Appeal Rehearing Abandonment of Appeal Rule 59

Case Brief

Summary, issues, holding and outcome

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Parties

Harvey Fee

Appellant

Affiliated Offices Ltd.

Appellant

M.J. Bradshaw

Respondent

H.O. Merret

Respondent

R.W. Arbuckle

Respondent

H.E. Garland

Respondent

S.F. Hobart

Respondent

J.S. Hodgson

Respondent

Bud Cullen

Respondent

Procedural Posture

Appeal / Motion for Extension of Time and to Reinscribe; Rehearing Granted

Legal Issues

  1. 1 Whether the appeal had been abandoned under Rule 59 of the Rules of the Supreme Court of Canada
  2. 2 Whether to grant an extension of time for the hearing of the appeal
  3. 3 Whether to reinscribe the appeal and grant a rehearing

Ratio Decidendi

Because counsel for the respondents consented, the Court exercised its discretion to grant the applications for rehearing and extension of time, ordered the appeal to be reinscribed for hearing, and awarded no costs; issues of abandonment under Rule 59 may be revisited by rehearing where appropriate.

Court Disposition

Motions granted; appeal reinscribed; rehearing granted; no costs.

Orders

  • Applications for rehearing and extension of time granted
  • Appeal to be reinscribed for hearing