Adams v. Canada ( Commissioner of the Royal Canadian Mounted Police )
A-634-93 / A-635-93
Hugessen J.A.
7/10/94
8 pp.
Motion to dismiss appeals for want of prosecution under R. 1209 -- Appeals launched against two interlocutory orders of Simpson J. -- Motion to dismiss based on two grounds -- Second ground alleged failure to form timely intention to appeal as evidenced by failure to serve notice of appeal as required by law -- Federal Court Act, s. 27(3) requiring notice of appeal to be served "forthwith" -- Service herein effected 7 months after filing of notices of appeal-Serious misunderstanding by appellants' counsel as to procedure to be followed in appeal to Court -- Courts public institutions for resolution of disputes, cost substantial public money -- Court congestion, delay serious public concern -- Service of notice of appeal procedural formality, may be waived by parties -- Sufficient ambiguity in discussions and exchanges of correspondence between counsel to give rise to reasonable belief on part of appellants' counsel respondent's counsel condoned and accepted method of proceeding -- Applications dismissed -- Federal Court Rules, C.R.C., c. 663, R. 1209 -- Federal Court Act, R.S.C., 1985, c. F-7, s. 27 (as am. by R.S.C., 1985 (4th Supp.), c. 51, s. 11; S.C. 1990, c. 8, ss. 7, 78(E)).