Supreme Court of Canada

Gallant v. Bel Automobiles (1961) Inc., [1980] 2 S.C.R. 267

Date: 1980-10-27

Léger Gallant Appellant;

and

Bel Automobiles (1961) Inc. Respondent.

1980: October 27.

Present: Dickson, Estey, Mclntyre, Chouinard and Lamer JJ.

MOTION FOR EXTENDING TIME TO INSCRIBE FOR HEARING

Courts—Practice—Delay in inscribing for hearing—Appeal held abandoned—Rules of the Supreme Court of Canada, C.R.C., c. 1512, rule 59.

In this case, the notice of appeal was served on November 7, 1974. The appeal was only inscribed for hearing on February 21, 1980, therefore not within the one year time limit pursuant to rule 59 of the Supreme Court Rules. Appellant brought an oral motion to have that time limit extended.

MOTION for extending time to inscribe for hearing and to have the appeal held not abandoned. Motion dismissed.

Charles Desrosiers, for the appellant.

Raymond Nepveu, for the respondent.

English version of the judgment of the Court delivered orally by

DICKSON J.—We are all of the opinion that the motion of the appellant to extend the time within which the appeal should be heard be dismissed.

The appeal is held to have been abandoned.

Judgment accordingly.

Solicitors for the appellant: Desrosiers, Boucher, Sept-Iles, Que.

Solicitors for the respondent: Dionne, Gauthier & Bélanger, Sept-Iles, Que.