PRACTICE |
Commencement of Proceedings |
Vidéotron Ltée v. Netstar Communications Inc.
02-A-24
2003 FCA 56, Nadon J.A.
31/1/03
7 pp.
After Court granted leave to appeal CRTC decisions, applicants attempted to file notice of appeal on January 22, 2003 but advised by Registry outside 60-day period prescribed by Broadcasting Act, s. 31(3)--Leave to appeal granted on November 22, order recorded on November 26, 2002--Delay to file appeal must be calculated from November 26, 2002-- In Fawkes v. Swayzie (1899), 31 O.R. 256 (Div. Ct.), Court stated if judicial opinion or decision, oral or written, not pronounced or delivered in open Court, then order cannot be said to be pronounced or delivered until parties notified of order--Words "making of order" cannot possibly mean date on which order signed by judge--To have "been made", order has to be recorded by Registry--Court noted Federal Court Rules, 1998, r. 392(2) provides order effective when endorsed in writing and signed by presiding judge unless order provides otherwise or where order given orally, if circumstances rendering it impracticable to endorse written copy of order, then at time order made--Therefore, applicants well within delay prescribed by s. 31(3)--Motion allowed--Broadcasting Act, S.C. 1991, c. 11, s. 31(3)--Federal Court Rules, 1998, SOR/98-106, r. 392(2).