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The Court of Appeal dismissed applications to vary single-justice orders refusing adjournment, dismissing a contempt application, and awarding special costs.
The Court of Appeal dismissed a contempt application, held the undertaking was limited and not breached, and directed abuse-of-process issues to be heard with the appeal.
Registrar demonstrated breach of rules to perfect the appeal; appellants failed to provide a good, specific excuse or evidence of willingness and ability to comply with future deadlines (despite repeated correspondence and opportunities); prior history of similar failures by appellant reinforced conclusion; under Rule 90.43(4) the appropriate exercise of discretion was to dismiss the application for leave to appeal for failure to perfect.
Source excerpt
La Cour fédérale accueille la requête de l’Attorney General du Canada visant à modifier l’avis de demande dans l’affaire liée aux engagements de U.S. Steel.
The Court held the motions judge acted within the broad ambit of his discretion, reasonably concluded that special circumstances justified not enforcing the undertaking as to damages, found no error in principle, and therefore refused to interfere with the decision.
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