Date: 19980302
Docket: T-815-97
MONTRÉAL, QUEBEC, THE 2nd DAY OF MARCH 1998.
PRESENT: THE HONOURABLE MR. JUSTICE HUGESSEN
In the matter of an application for judicial review pursuant to paragraph 28(1)(i) of the Federal Court Act;
And in the matter of a decision respecting a grievance referred to adjudication pursuant to section 92 of the Public Service Staff Relations Act, R.S.C., 1985, c. P-35;
BETWEEN:
HÉLÈNE BEAULIEU
Applicant
AND:
HER MAJESTY THE QUEEN
Respondent
AND:
GEORGE THOMSON
-and-
YVON TARTE, ADJUDICATOR,
PUBLIC SERVICE STAFF RELATIONS BOARD
Third Parties
Motion by the applicant for:
| - an extension of time to allow her to produce material in support of her twelve (12) applications for judicial review no later than March 15, 1998; |
| - joinder of dockets T-817-97, T-818-97, T-820-97, T-822-97, T-824-97 and T-825-97 under a single file number, namely T-825-97; |
| - joinder of dockets T-815-97, T-816-97, T-819-97, T-821-97, T-823-97 and T-826-97 under a single file number, namely T-816-97; |
| - such other order as this Court deems appropriate. |
[Subsection 18.1(2) of the Federal Court Act,
Rules 1606 and 1620 of the Federal Court Rules]
ORDER
The application for an extension of time is dismissed.
James K. Hugessen Judge
Certified true translation
Peter Douglas
Date: 19980303
Dockets: T-815-97, T-816-97, T-817-97, T-818-97, T-819-97, T-820-97,
T-821-97, T-822-97, T-823-97, T-824-97, T-825-97, T-826-97
In the matter of an application for judicial review pursuant to paragraph 28(1)(i) of the Federal Court Act;
And in the matter of a decision respecting a grievance referred to adjudication pursuant to section 92 of the Public Service Staff Relations Act, R.S.C., 1985, c. P-35;
Between: HÉLÈNE BEAULIEU
Applicant
AND:
HER MAJESTY THE QUEEN
Respondent
AND:
GEORGE THOMSON
-and-
YVON TARTE, ADJUDICATOR,
PUBLIC SERVICE STAFF RELATIONS BOARD
Third Parties
REASONS FOR ORDERS
(Delivered from the bench at Montréal, Quebec
on Monday, March 2, 1998)
HUGESSEN J.
[1] In these 12 files, the applicant requests an extension of time to produce "material in support of her twelve (12) applications for judicial review". She also asks that these 12 files be joined.
[2] The applications for judicial review were made to the Court of Appeal on February 11, 1997. On April 15, 1997, the Court of Appeal transferred the files to the Trial Division. I interpret the applicant"s application for an extension of time to mean that she is seeking an extension of both the time for her to file a supplementary affidavit (Rule 1603) and the time for her to file her application record (Rule 1606).
[3] However, the affidavits filed in support of these motions do not explain the delay of over 10 months in completing the procedures. The courts have consistently held that an application for an extension of time can be allowed only if such an explanation is provided. None has been. Even if I were to accept the applicant"s submission that she was on sick leave from February 18, 1998, that is, February 18 of this year, it would obviously not be enough. I will dismiss the applications for an extension of time.
[4] Under the circumstances there is no need to deal with the application for joinder of the files.
James K. Hugessen
Judge
MONTRÉAL, QUEBEC
March 3, 1998
Certified true translation
Peter Douglas
FEDERAL COURT " TRIAL DIVISION
Date: 19980303
Dockets: T-815-97 to T-826-97 incl.
Between: HÉLÈNE BEAULIEU
Applicant
AND:
HER MAJESTY THE QUEEN
Respondent
AND:
GEORGE THOMSON
-and-
YVON TARTE, ADJUDICATOR,
PUBLIC SERVICE STAFF RELATIONS BOARD
Third Parties
REASONS FOR ORDERS
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NOS.: T-815-97 to T-826-97 incl.
STYLE OF CAUSE: In the matter of an application for judicial review
pursuant to paragraph 28(1)(i) of the Federal
Court Act;
And in the matter of a decision respecting a
grievance referred to adjudication pursuant to
section 92 of the Public Service Staff Relations
Act, R.S.C., 1985, c. P-35;
BETWEEN:
HÉLÈNE BEAULIEU
Applicant
AND:
HER MAJESTY THE QUEEN
Respondent
AND:
GEORGE THOMSON -and-
YVON TARTE, ADJUDICATOR,
PUBLIC SERVICE STAFF RELATIONS BOARD
Third Parties
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 2, 1998
REASONS FOR ORDER BY HUGESSEN J.
DATE OF REASONS FOR ORDER: March 3, 1998
APPEARANCES:
Hélène Beaulieu for herself
Carole Bureau and for the respondent and
Raymond Piché the third parties
SOLICITORS OF RECORD:
Hélène Beaulieu for herself
Montréal, Quebec
George Thomson for the respondent and
Deputy Attorney General the third parties
of Canada