Supreme Court of Canada

Kirsch et al. v. The Queen, [1981] 1 S.C.R. 437

Date: 1980-10-27

Irving Kirsch and Herschel Rosenthal Applicants;

and

Her Majesty The Queen Respondent.

1980: October 27.

Present: Laskin C.J. and Martland, Ritchie, Dickson, Estey, Mclntyre and Lamer JJ.

APPLICATION FOR EXTENSION OF TIME TO HEAR THE APPEAL

Courts—Practice—Hearing of appeal postponed—Appeal deemed to be abandoned—Criminal Code, R.S.C 1970, c. C-34, s. 623(2).

Leave to appeal from a decision of the Quebec Court of Appeal, rendered on February 7, 1977, was granted by the Court on April 4, 1977. On January 21, 1980, the appeal was inscribed for hearing at the April 1980 sitting. As the case was not heard in April, it was postponed till October.

APPLICATION for an extension of time to hear the appeal and for a ruling that the appeal had not been abandoned. Application dismissed[^1].

Michel Proulx, for the applicant Kirsch.

Gabriel Lapointe, Q.C., for the respondent.

English version of the judgment of the Court delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that the motion of appellants to extend the time for the hearing of the appeal must be dismissed and the appeal is deemed to be abandoned under s. 623(2) of the Criminal Code.

Application dismissed.

Solicitors for the applicant Kirsch: Proulx, Barot & Dupuis, Montreal.

Solicitor for the applicant Rosenthal: Jeffrey K. Boro, Montreal.

Solicitors for the respondent: Lapointe, Schachter & Champagne, Montreal.

[^1]: See 1981 185 (SCC), [1981] 1 S.C.R. 438.