Date: 20190604
Docket: 19-T-22
Citation: 2019 FC 782
St. John’s, Newfoundland and Labrador, June 4, 2019
PRESENT: Madam Justice Heneghan
| BETWEEN:
|
| ALLAN MACDONALD
|
| Plaintiff
|
| and
|
| THE ATTORNEY GENERAL OF CANADA
|
| Defendant
|
ORDER AND REASONS
[1]
Mr. Allan MacDonald (the “Applicant”
) seeks an Order , pursuant to the Federal Courts Rules, SOR/98-106 (the “Rules”
), extending the time to commence an application for judicial review pursuant to section 18.1 of the Federal Courts Act, R.S.C., 1985, c. F-7, relative a grievance arising while he is incarcerated at Warkworth Institution.
[2]
The Applicant submitted his affidavit, sworn on March 7, 2019, in support of his motion. In his affidavit, he describes the circumstances that led to the delay in filing his application for judicial review. The reason was the unavailability of funds to pay the filing fees and access to his funds was controlled by Correctional Service of Canada.
[3]
The Attorney General of Canada, pursuant to the Rules, is the Respondent in this matter. The Court has been advised that the Respondent does not object to the motion for an extension of time. No submissions were filed on his behalf.
[4]
In Canada (Attorney General) v. Larkman (2012), 433 N. R. 184 (F.C.A.), the Federal Court of Appeal addressed the factors to be considered by the Court in deciding to grant an extension of time, as follows:
[…] the following questions are relevant to this Court’s exercise of discretion to allow an extension of time:
(a) Did the moving party have a continuing intention to pursue the application?
(b) Is there some potential merit to the application?
(c) Has the Crown been prejudiced by the delay?
(d) Does the moving party have a reasonable explanation for the delay?
[5]
I am satisfied that the Applicant has met the test and the extension of time is granted. The Applicant is hereby granted a period of 30 days from the date of this Order to commence his application for judicial review.
ORDER in 19-T-22
THIS COURT ORDERS that the Applicant is hereby granted a period of 30 days from the date of this Order to commence his application for judicial review, pursuant to section 18.1 of the Federal Courts Act, R.S.C., 1985, c. F-7.
“E. Heneghan”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
| DOCKET:
|
19-T-22
|
| STYLE OF CAUSE:
|
ALLAN MACDONALD v. ATTORNEY GENERAL OF CANADA
|
MOTION IN WRITING CONSIDERED AT ST. JOHN’S, NEWFOUNDLAND AND LABRADOR PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES
| ORDER AND REASONS:
|
HENEGHAN J.
|
| DATED:
|
JUNE 4, 2019
|
WRITTEN REPRESENTATIONS BY:
| Allan MacDonald
|
For The PLAINTIFF
(ON HIS OWN BEHALF)
|
| Nicole Walton
|
For The DEFENDANT
|
SOLICITORS OF RECORD:
| Attorney General of Canada
Toronto, Ontario
|
For The DEFENDANT
|