Merck Frosst Canada c. Canada (Minister of National Health)

Merck Frosst Canada c. Canada (Minister of National Health) Court (s) Database Federal Court of Appeal Decisions Date 2001-02-26 Neutral citation 2001 FCA 40 File numbers A-842-99 Decision Content Date: 20010226 Docket: A-842-99 A-843-99 Neutral citation: 2001 FCA 40 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Docket: A-842-99 Between: MERCK FROSST CANADA & CO. Appellant AND MINISTER OF NATIONAL HEALTH Respondent Docket: A-843-99 MERCK FROSST CANADA & CO. Appellant AND MINISTER OF NATIONAL HEALTH Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on Monday, February 26, 2001) DESJARDINS J.A. [1] The appellant is appealing two decisions from the Trial Division. [2] In file A-843-99, the trial judge dismissed the appellant's application for an extension to file an application for judicial review after the 20-day period provided in section 44(1) of the Access to Information Act (R.S.C. 1985, c. A-1). [3] We are of the view that the trial judge was fully justified in making her decision. [4] The period is prescribed by statute that does not provide the Court with any discretion to extend it (see Dawe v. Canada (1994), 86 F.T.R. 240 (F.C.A.); J.M. Schneider Inc. v. The Queen (1986), 12 C.P.R. (3d) 90 (F.C.T.D.)). [5] The appeal will therefore be dismissed with costs. [6] In file A-842-99, in which the appellant sought leave to incorporate the application for review of Health Canada's decision dated October 5, 1999, into an already existing application for judicial review, we believe that the trial judge had no choice but to dismiss the motion since, in any case, the appellant could not seek to incorporate a proceeding that was filed after the limitation period, as was determined in file A-843-99. [7] This appeal will also be dismissed with costs. Alice Desjardins J.A. Montréal, Quebec February 26, 2001 Certified true translation Sophie Debbané, LL.B. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010226 Docket: A-842-99 A-843-99 Between: MERCK FROSST CANADA & CO. Appellant AND MINISTER OF NATIONAL HEALTH Respondent REASONS FOR JUDGMENT FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-842-99 Appeal from a decision of the Trial Division dated December 14, 1999, in file T-971-99 A-843-99 Appeal from a decision of the Trial Division dated December 14, 1999, in file 99-T-38 STYLE OF CAUSE: MERCK FROSST CANADA & CO. Appellant AND MINISTER OF NATIONAL HEALTH Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: February 26, 2001 REASONS FOR JUDGMENT: Desjardins J.A. DATED: February 26, 2001 APPEARANCES: Jacques Jeansonne FOR THE APPELLANT Jan Brongers FOR THE RESPONDENT SOLICITORS OF RECORD: McCarthy Tétrault Montréal, Quebec FOR THE APPELLANT Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT Date: 20010226 Docket: A-842-99 Montréal, Quebec, Monday, the 26th day of February 2001 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: MERCK FROSST CANADA & CO. Appellant AND MINISTER OF NATIONAL HEALTH Respondent J U D G M E N T The appeal is dismissed with costs. Alice Desjardins J.A. Certified true translation Sophie Debbané, LLB Date: 20010226 Docket: A-843-99 Montréal, Quebec, Monday, the 26th day of February 2001 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: MERCK FROSST CANADA & CO. Appellant AND MINISTER OF NATIONAL HEALTH Respondent J U D G M E N T The appeal is dismissed with costs. Alice Desjardins J.A. Certified true translation Sophie Debbané, LLB Date: 20010226 Docket: A-842-99 A-843-99 Neutral citation: 2001 FCA 40 CORAM: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: MERCK FROSST CANADA & CO. Appellant AND MINISTER OF NATIONAL HEALTH AND WELFARE Respondent Hearing held at Montréal, Quebec on Monday, February 26, 2001 Judgment delivered from the bench at Montréal, Quebec on Monday, February 26, 2001 REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A.