Soucy International Inc. v. Camoplast Inc.

Because fairness and efficiency required the related appeals be heard consecutively by the same panel, the Court dismissed both motions (to dismiss and to stay) without costs and imposed a joint schedule and procedural directions to ensure the appeals proceed appropriately.

Source-derived case information.

Citation: 2002 FCA 189
Parties: Appellant: Soucy International Inc.; Respondent: Camoplast Inc.
Court: Federal Court of Appeal
Jurisdiction: Canada
Judgment Date: 9 May 2002
Procedural Posture: Appeal / Motions for Dismissal and Stay; Scheduling Order Issued
Outcome: The motions for dismissal and for a stay were dismissed without costs; appeals A-184-01 and A-428-01 ordered to be heard consecutively by the same panel beginning with A-184-01; a mandatory schedule was imposed.
Legal Topics: Dismissal for Non Compliance, Stay of Proceedings, Hearing Schedule, Consecutive Hearing
Source Language: en

Civil Procedure Appellate Law Dismissal for Non Compliance Stay of Proceedings Hearing Schedule Consecutive Hearing

Source-derived case record

Summary, issues, holding and outcome

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Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Soucy International Inc.

Appellant

Camoplast Inc.

Respondent

Procedural Posture

Appeal / Motions for Dismissal and Stay; Scheduling Order Issued

Legal Issues

1 Whether Soucy failed to file its appeal book and memorandum as required by Federal Court Rules rr.345-346 such that the appeal should be dismissed
2 Whether a stay of proceedings in A-184-01 should be granted pending disposition of related docket A-428-01
3 Whether the two related appeals should be heard consecutively by the same panel and an appropriate schedule set

Ratio Decidendi

Court Disposition

The motions for dismissal and for a stay were dismissed without costs; appeals A-184-01 and A-428-01 ordered to be heard consecutively by the same panel beginning with A-184-01; a mandatory schedule was imposed.

Orders

Motions for dismissal of the appeals and for a stay of proceedings dismissed without costs.
Appeals A-184-01 and A-428-01 to be heard consecutively by the same panel, beginning with A-184-01.

Full Case Text

Judgment text and source record

1 paragraphs

Soucy International Inc. v. Camoplast Inc. Court (s) Database Federal Court of Appeal Decisions Date 2002-05-09 Neutral citation 2002 FCA 189 File numbers A-184-01 Decision Content 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

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