687764 Alberta Ltd. et al. v. Canada (Minister of Health), (2000) 261 N.R. 102 (FCA)

• Judge: Robertson, McDonald and Sexton, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: June 27, 2000
• Jurisdiction: Canada (Federal)
• Citations: (2000), 261 N.R. 102 (FCA)

687764 Alta. Ltd. v. Can. (2000), 261 N.R. 102 (FCA)

MLB headnote and full text

Temp. Cite: [2000] N.R. TBEd. JL.027

687764 Alberta Ltd. operating as West End Health and Home Care Centre (appellant) v. The Minister of Health (respondent)

(A-280-99)

Indexed As: 687764 Alberta Ltd. et al. v. Canada (Minister of Health)

Federal Court of Appeal

Robertson, McDonald and Sexton, JJ.A.

June 27, 2000.

Summary:

687764 Alberta Ltd. contracted with a company allowing 687764 to bill the Gov­ernment of Canada directly for medical products it provided to individuals. The company terminated the agreements. 687764 sued the company. 687764 applied to extend the time for making an application for ju­dicial review against the Minister of Health pursuant to s. 18.1(2) of the Federal Court Act.

The Federal Court of Canada, Trial Di­vision, in a decision reported at 166 F.T.R. 87, dismissed the application. 687764 ap­pealed.

The Federal Court of Appeal dismissed the appeal.

Administrative Law - Topic 3342.1

Judicial review - General - Practice - Limi­tation period - Extension of - 687764 Al­berta Ltd. contracted with a company al­lowing 687764 to bill the Government of Canada directly for medical products it provided to individuals - The company ter­minated the agreements - 687764 ap­plied to extend the time for a judicial review application against the Minister of Health, asserting that if the Minister played a role in the decision to terminate the agreement, then 687764 should have been heard before that decision was made - The trial judge dismissed the application - 687764 acted with due diligence and the decision to terminate the agreements was reviewable - However, 687764 had no chance of suc­cess because it contractually waived any right to advance notice of a decision to terminate the agreements for cause - Therefore 687764 waived any right to a hearing prior to the Minister's alleged decision to terminate the agreements - The Federal Court of Appeal dismissed 687764's appeal.

Counsel:

Walter S. McKall, for the appellant;

Lorraine Neill, for the respondent.

Solicitors of Record:

McCuaig Desrochers, for the appellant;

Morris A. Rosenberg, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This appeal was heard on June 27, 2000, by Robertson, McDonald and Sexton, JJ.A., of the Federal Court of Appeal. Robertson, J.A., delivered the following decision from the bench on the same day.