Date: 20000606
Docket: A-193-98
CORAM: LÉTOURNEAU J.A.
ROBERTSON J.A.
SEXTON J.A.
| IN THE MATTER OF an application under section 27 of the Federal Court Act; |
| AND IN THE MATTER OF an order dated February 17th, 1998 made by Justice John D. Richard of the Federal Court of Canada, Trial Division in relation to a notice of motion dated December 3rd, 1997 for an application for an extension of time within which to commence an application for judicial review under section 18.1 of the Federal Court Act |
BETWEEN:
| CLAUDE SCOTT |
Appellant
- and -
| THE ATTORNEY GENERAL OF CANADA |
Respondent
Heard at Ottawa, Ontario, Tuesday, June 6, 2000
JUDGMENT delivered at Ottawa, Ontario, Tuesday, June 6, 2000
REASONS FOR JUDGMENT BY THE COURT
Date: 20000606
Docket: A-193-98
CORAM: LÉTOURNEAU J.A.
ROBERTSON J.A.
SEXTON J.A.
| IN THE MATTER OF an application under section 27 of the Federal Court Act; |
| AND IN THE MATTER OF an order dated February 17th, 1998 made by Justice John D. Richard of the Federal Court of Canada, Trial Division in relation to a notice of motion dated December 3rd, 1997 for an application for an extension of time within which to commence an application for judicial review under section 18.1 of the Federal Court Act |
BETWEEN:
| CLAUDE SCOTT |
Appellant
- and -
| THE ATTORNEY GENERAL OF CANADA |
Respondent
REASONS FOR JUDGMENT
[1] The appellant" employment with the Public Service of Canada was terminated for cause. He then lodged a grievance against the termination of his employment. An adjudicator and member of the Public Service Staff Relations Board (PSSRB) denied the grievance and upheld the termination of employment. The appellant failed to launch an application for judicial review within the prescribed time but seven months later brought a motion to extend the time for filing an application for judicial review. The motion was dismissed by Richard J. (as he then was) because he found that the applicant had failed to show that there was good reason for the entire delay.
[2] We see no basis for finding that the Motions Judge erred in exercising his discretion on the issue of delay. In addition, there was insufficient evidence in the materials before the Motions Judge relating to the legal grounds for establishing that the appellant had an arguable case or reasonable chance of success for setting aside the decision of the Adjudicator.
[3] The appeal will be dismissed with costs.
"Gilles Létourneau
J.A.
"J.T. Robertson"
J.A.
"J. Edgar Sexton"
J.A.