T-1870-96
OTTAWA, ONTARIO, THE 19TH DAY OF SEPTEMBER, 1997
PRESENT: THE HONOURABLE MR. JUSTICE PINARD
BETWEEN:
GEORGETTE MAURICE BLEAU,
Applicant
AND:
HER MAJESTY THE QUEEN and
THE CANADA EMPLOYMENT
AND IMMIGRATION COMMISSION,
Respondents
O R D E R
The application for judicial review is dismissed.
| Yvon Pinard |
| J. |
Certified true translation
Christiane Delon
T-1870-96
BETWEEN:
GEORGETTE MAURICE BLEAU,
Applicant
AND:
HER MAJESTY THE QUEEN and
THE CANADA EMPLOYMENT
AND IMMIGRATION COMMISSION,
Respondents
REASONS FOR ORDER
PINARD J.
The applicant, through this application for judicial review under section 18.1 of the Federal Court Act, R.S.C. 1985, c. F-7, is seeking a judgment declaring out of time a claim against her for a $7,900 overpayment by the Canada Employment and Immigration Commission (the Commission); she is further asking that the corresponding certificate for $7,900 that the Commission made and registered in this Court on February 9, 1994 pursuant to subsections 94(1) and (2) of the Unemployment Insurance Act, R.S.C. 1985, c. U-1, as amended, be set aside.
I am far from convinced that the $7,900 claim for overpayment and the corresponding certificate for $7,900 registered in this Court can be the direct subject of an application for judicial review. To my way of thinking, this claim and this certificate are but the consequences of previous decisions that were taken under the Unemployment Insurance Act and that are not themselves challenged, or even open to challenge, by this application for judicial review.
Be that as it may, even if the overpayment claim per se and the registration of the corresponding certificate in this Court could constitute acts that might be the direct subject of an application for judicial review, I am of the opinion that this application is itself out of time, since it was not filed within the requisite thirty (30) days under subsection 18.1(2) of the Federal Court Act. In fact, the request for payment of the $7,900 overpayment was communicated initially to the applicant on March 14, 1988, and the corresponding certificate registered in this Court was sent to the applicant by registered mail on February 10, 1994. The present application for judicial review was not filed until August 15, 1996, without any request for extension of time being made by the applicant, and it can therefore only be dismissed.
An order accordingly shall go.
OTTAWA, Ontario
September 19, 1997
| Yvon Pinard |
| J. |
Certified true translation
Christiane Delon
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| FILE NO. T-1870-96 |
| STYLE: Georgette Maurice Bleau v. |
| Her Majesty the Queen |
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: September 17, 1997 |
REASONS FOR ORDER OF PINARD J.
| DATED: September 19, 1997 |
APPEARANCES:
| Roch Guertin FOR THE APPLICANT |
| Dominique Gagné FOR THE RESPONDENT |
SOLICITORS OF RECORD:
| DOYON, GUERTIN, FOR THE APPLICANT |
MONTBRIAND & PLAMONDON
MONTRÉAL, QUEBEC
| GEORGE THOMSON FOR THE RESPONDENT |
DEPUTY ATTORNEY GENERAL
OF CANADA
MONTRÉAL, QUEBEC