Federal Court of Appeal - Klevering v. Canada (Attorney General)

[1] This is an appeal pursuant to section 27 of the Federal Court Act from the decision of Gibson J. dated July 31, 2000, dismissing the appellant's motion seeking to rescind or vary his order dated February 3, 2000 dismissing the appellant's motion for extension of time and dismissing the application for judicial review.

[2] The issue before this Court is whether the motions judge erred in law by refusing to rescind his earlier decision.

[3] The appellant has failed to establish circumstances that would justify setting aside or varying the order made by Gibson J.

[4] Accordingly, the appeal will be dismissed without costs.

"J. Richard"

C.J.

FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

DOCKET: A-500-00

STYLE OF CAUSE: (BROTHER) KORNELIS KLEVERING

Appellant

- and -

THE ATTORNEY GENERAL OF CANADA

Respondent

DATE OF HEARING: THURSDAY, JUNE 20, 2002

PLACE OF HEARING: TORONTO, ONTARIO

REASONS FOR JUDGMENT

OF THE COURT BY: RICHARD C.J.

DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON THURSDAY, JUNE 20, 2002.

APPEARANCES BY: Mr. Kornelis Klevering

For the Appellant, on his own behalf

Mr. James Gorham

For the Respondent

SOLICITORS OF RECORD:Brother Kornelis Klevering

144 Arthur Street North

Guelph, Ontario

N1E 4V2

For the Appellant, on his own behalf

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent

FEDERAL COURT OF APPEAL

Date: 20020620

Docket: A-500-00

BETWEEN:

(BROTHER) KORNELIS KLEVERING

Appellant

- and -

THE ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR JUDGMENT

OF THE COURT