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Date:
20061130
Docket: A-133-05
Citation: 2006 FCA 391
CORAM: LINDEN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
MARYANN MULVENEY
Appellant
and
MINISTER OF HUMAN RESOURCES
DEVELOPMENT
Respondent
Heard at Toronto,
Ontario, on November 29,
2006.
Judgment delivered at Toronto, Ontario, on November 30,
2006.
REASONS FOR JUDGMENT BY: LINDEN J.A.
CONCURRED
IN BY: EVANS
J.A.
MALONE
J.A.
Date:
20061130
Docket: A-133-05
Citation: 2006
FCA 391
CORAM: LINDEN J.A.
EVANS
J.A.
MALONE
J.A.
BETWEEN:
MARYANN MULVENEY
Appellant
and
MINISTER OF HUMAN RESOURCES
DEVELOPMENT
Respondent
REASONS FOR JUDGMENT
LINDEN J.A.
[1]
This
is an appeal from a decision by the Motions Judge refusing an extension of time
to file a Notice of Application for Judicial Review of a decision of the Minister
that there was no administrative error in this case.
[2]
The
Motions Judge deciding on the written material only based his decision on the
sole ground of the absence of a sufficient explanation for the delay, one of
the four elements to be met to obtain an extension.
[3]
Given
the unusual circumstances of this case and given the more fulsome explanation
offered to this Court, we are satisfied that an “obvious injustice” would
result if we did not allow an extension of time to file a Notice of Application
for Judicial Review in this matter (see Mayne Pharma (Canada) Inc. v. Aventis
Pharma Inc., [2005] F.C.A. 50) .
[4]
The
Court suggests that the parties, in view of the circumstances, consider
compromise in this case.
[5]
The
appeal will be allowed. The order dated March 14, 2005 is set aside and the
time to file the Notice of Application will be extended to January 31, 2007.
“A.
M. Linden”
“I agree John M.
Evans”
J.A.
“I agree B.
Malone”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-133-05
APPEAL
FROM THE ORDER OF THE HONOURABLE MR. JUSTICE GIBSON DATED MARCH 14, 2005,
DOCKET NO. 05-T-14
STYLE OF CAUSE: Maryann Mulveney
v.
Minister of Human Resource Development Canada
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: November 29, 2006
REASONS FOR JUDGMENT: LINDEN J.A.
CONCURRED
IN BY: EVANS
J.A.
MALONE
J.A.
DATED: November 30, 2006
APPEARANCES:
Maryann Mulveney
|
FOR
THE APPELLANT
(self-represented)
|
Jacques-Michel Cyr
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
Maryann Mulveney
Toronto,
Ontario
|
FOR THE APPELLANT
(self-represented)
|
John H. Sims Q.C.
Deputy
Attorney General of Canada
|
FOR
THE RESPONDENT
|