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Supreme Court of Canada

Appeal—Practice—Delay for hearing the appeal—Appeal held abandoned—Leave granted for a rehearing—Rehearing of motion to extend the time for hearing the appeal and to reinscribe the appeal for hearing—Appeal deemed not to have been abandoned—Rules of the Supreme Court of Canada, rule 61.

On October 27, 1980, the Court dismissed applicants’ motion to extend the time for hearing and deemed the appeal abandoned[1]. Leave for a rehearing to determine whether or not this appeal should be deemed abandoned was granted January 27, 1981.

REHEARING of the motion to extend the time and to reinscribe the appeal for hearing. Motion granted.

François Mercier, Q.C., for the applicant Kirsch.

Harvey Yarosky, for the applicant Rosenthal.

Gabriel Lapointe, Q.C., for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—The majority of the Court is of the opinion that in the particular circumstances here, affecting both appellants, this appeal should be allowed to proceed. Accordingly, we set aside our order of October 27, 1980 and direct that an application be made forthwith to the Chief Justice to fix a date for the reinscription and hearing of this appeal on the merits[2].

Motion granted.

[Page 439]

Solicitors for the applicant Kirsch: Proulx, Barot & Dupuis, Montreal.

Solicitor for the applicant Rosenthal: Jeffrey K. Boro, Montreal.

Solicitors for the respondent: Lapointe, Schachter & Champagne, Montreal.


[1] [1981] 1 S.C.R. 437.

[2] [1981] 1 S.C.R. 440.





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