687764 Alberta Ltd. et al. v. Canada (Minister of Health), (1999) 166 F.T.R. 87 (TD)

• Judge: Sharlow, J.
• Court: Federal Court (Canada)
• Case Date: April 13, 1999
• Jurisdiction: Canada (Federal)
• Citations: (1999), 166 F.T.R. 87 (TD)

687764 Alta. v. Can. (1999), 166 F.T.R. 87 (TD)

MLB headnote and full text

Temp. Cite: [1999] F.T.R. TBEd. MY.034

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

(99-T-9)

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

Federal Court of Canada

Trial Division

Sharlow, J.

April 22, 1999.

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, dismissed the application.

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 agreements, then 687764 should have been heard before that decision was made - The Federal Court of Canada, Trial Division, 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.

Cases Noticed:

Grewal v. Minister of Employment and Immigration, [1985] 2 F.C. 263; 63 N.R. 106 (F.C.A.), refd to. [para. 14, footnote 2].

Consumers' Association of Canada et al. v. Hydro Electric Power Commission of Ontario et al. (No. 3), [1974] 1 F.C. 460; 2 N.R. 462 (F.C.A.), refd to. [para. 14, footnote 2].

Socanav Inc. v. Northwest Territories (Commissioner) (1993), 16 Admin. L.R.(2d) 266 (N.W.T.S.C.), refd to. [para. 19].

Hughes Land Co. v. Manitoba (Minister of Government Services) (1991), 72 Man.R.(2d) 81 (Q.B.), refd to. [para. 19].

Martineau v. Matsqui Institution Disciplinary Board, [1980] 1 S.C.R. 602; 30 N.R. 119, refd to. [para. 19, footnote 3].

Assaly (Thomas C.) Corp. v. Canada (1990), 34 F.T.R. 156; 44 Admin. L.R. 89 (T.D.), refd to. [para. 19, footnote 3].

Commissioner of Inland Revenue v. Orion Caribbean Ltd., [1997] S.T.C. 923 (P.C.), refd to. [para. 27, footnote 5].

Authors and Works Noticed:

Brown, D., and Evans, J., Judicial Review of Administrative Action in Canada (1998), p. 1:2257 [para. 20, footnote 4].

Counsel:

Walter S. McKall, for the applicant;

Lorraine Neill, for the respondent.

Solicitors of Record:

McCuaig Desrochers, Edmonton, Alberta, for the applicant;

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

This application was heard at Edmonton, Alberta, on April 13, 1999, by Sharlow, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on April 22, 1999.