Consumers' Association of Canada et al. v. Hydro Electric Power Commission of Ontario et al. (No. 3), (1974) 2 N.R. 462 (FCA)

• Judge: Jackett, C.J., Pratte and Heald, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: March 19, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 2 N.R. 462 (FCA)

Consumers' Assoc. v. Ont. Hydro (1974), 2 N.R. 462 (FCA)

MLB headnote and full text

Consumers' Association of Canada et al. v. Hydro Electric Power Commission of Ontario et al. (Case No. 3)

Indexed As: Consumers' Association of Canada et al. v. Hydro Electric Power Commission of Ontario et al. (No. 3)

Federal Court of Appeal

Jackett, C.J., Pratte and Heald, JJ.

March 19, 1974.

Summary:

This headnote contains no summary.

Practice - Topic 9002

Appeals - Extension of time for the filing for a notice of appeal - Federal Court of Appeal - Federal Court Act, s. 28(2) - Content of application - The Federal Court of Appeal stated that an application for the extension of time must show that the delay was justified, that the subject matter of the appeal is at least arguably within s. 28, and that there is an arguable case for setting aside the decision appealed from on one of the grounds referred to in s. 28 - See paragraph 4.

Cases Noticed:

Aly v. Minister of Manpower and Immigration, [1971] F.C. 540, folld. [para. 6].

Statutes Noticed:

Federal Court Act, R.S.C. 1970, 2nd supp., c. 10, sect. 28(2).

Counsel:

No one appearing.

Solicitors of Record:

Andrew J. Roman, for the applicants;

J. Weir, Q.C., for Hydro Electric Power Commission;

F.H. Lamar, for National Energy Board;

Morris Manning, for Province of Ontario;

D.S. Thorson, Q.C., for Deputy Attorney General.

This application pursuant to Rule 324 of the Federal Court Rules was heard by JACKETT, C.J., PRATTE and HEALD, JJ. Judgment was delivered on March 19, 1974.

The judgment of the court was delivered by JACKETT, C.J.