Sovereign Life Insurance Co. v. Canada
A-277-94
Isaac C.J.
20/9/94
4 pp.
Appeal from order of Motions Judge ([1994] 3 F.C. 361) in respect of two motions -- First motion by respondent asking for advice and directions under R. 473 -- Second motion by appellants seeking to dismiss appeal for mootness -- Consent envisaged by R. 473 not requested or obtained before Motions Judge embarked upon hearing of first motion -- Consent of all interested parties central to exercise of Motions Judge's discretion under R. 473 -- Absent consent by appellants, Motions Judge without jurisdiction to make portions of order relating to production of documents, discovery of witnesses -- Appeal allowed on first motion-Motions Judge finding appeal moot, nonetheless exercising discretion to hear it as hearing of appeal would probably decide procedure to be followed by Minister of Finance in making order under Insurance Companies Act, s. 680 -- Discretion exercised properly -- Appeal dismissed on second motion -- Federal Court Rules, C.R.C., c. 663, R. 473 -- Insurance Companies Act, S.C. 1991, c. 47, s. 680.