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Date: 20141014


Docket: A-108-14

Citation: 2014 FCA 229

CORAM:

NADON J.A.

GAUTHIER J.A.

WEBB J.A.

 

BETWEEN:

MICHAL HALLEN

Appellant

and

ATTORNEY GENERAL OF CANADA

Respondent

Heard at Ottawa, Ontario, on October 14, 2014.

Judgment delivered from the Bench at Ottawa, Ontario, on October 14, 2014.

REASONS FOR JUDGMENT OF THE COURT BY:

NADON J.A.

 

 


Date: 20141014


Docket: A-108-14

Citation: 2014 FCA 229

CORAM:

NADON J.A.

GAUTHIER J.A.

WEBB J.A.

 

BETWEEN:

 

MICHAL HALLEN

 

Appellant

 

and

 

ATTORNEY GENERAL OF CANADA

 

Respondent

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on October 14, 2014).

NADON J.A.

[1]               We are of the view that the Federal Court made no error in concluding that, because of delay, the applicant’s judicial review application had to be dismissed.

[2]               We are satisfied that what is at issue in these proceedings, is a singular, discrete decision made by Treasury Board in June 2005 and communicated to the appellant by a letter from Public Works and Government Services Canada, dated July 14, 2005, which informed him that a transfer of pension credits under the Loba Limited reciprocal pension transfer agreement was not possible.

[3]               Consequently, the appellant, under subsection 18.1(2) of the Federal Courts Act, R.S.C. 1985, c. F-7 was bound to act within the thirty-day period specified in the section or obtain leave to commence his application beyond that period.

[4]               The appeal will therefore be dismissed with costs.

“Marc Nadon”

J.A.

 


FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD


Docket:

A-108-14

 

 

STYLE OF CAUSE:

MICHAL HALLEN v. ATTORNEY GENERAL OF CANADA

 

PLACE OF HEARING:

Ottawa, Ontario

 

DATE OF HEARING:

October 14, 2014

 

REASONS FOR JUDGMENT OF THE COURT BY:

NADON J.A.

GAUTHIER J.A.

WEBB J.A.

 

DELIVERED FROM THE BENCH BY:

NADON J.A.

APPEARANCES:

DOUGLAS E. BROWN

 

For The Appellant

 

ANNE M. TURLEY

 

For The Respondent

 

SOLICITORS OF RECORD:

Nelligan O'Brien Payne LLP

Ottawa, Ontario

 

For The Appellant

MICHAL HALLEN

 

William F. Pentney

Deputy Attorney General of Canada

For The Respondent

 

 

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