BETWEEN:
and
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on February 28, 2007.
REASONS FOR ORDER BY: NOËL J.A.
Docket: 06-A-43
Citation: 2007 FCA 84
Present: NOËL J.A.
BETWEEN:
JAMES ALEXANDER LIVINGSTON
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR ORDER
[1] By order dated September 14, 2006 I denied the applicant’s application for an extension of time to file a Notice of Appeal against the order of Hughes J. dated April 19, 2006, but granted the applicant leave to file a fresh application to extend the time to appeal Hughes J.’s reconsideration decision dated May 1, 2006.
[2] Despite the fact that by the time this decision was rendered, the applicant had to be aware of the importance of moving without undue delay particularly when one is seeking the indulgence of the Court to extend the time limits otherwise imposed by law, the applicant did not serve its fresh application until November 22, 2006, more than two months after leave was granted.
[3] Not surprisingly, the respondent opposes the motion to extend the time. Having regard to the absence of any explanation for the delay in bringing forth this application, and the failure by the appellant to show that the proposed appeal has any merit, the application is denied.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: 06-A-43
STYLE OF CAUSE: JAMES ALEXANDER LIVINGSTON and HER MAJESTY THE QUEEN
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NOËL J.A.
WRITTEN REPRESENTATIONS BY:
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FOR THE APPELLANT / APPLICANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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GUELPH, ONTARIO |
FOR THE APPELLANT / APPLICANT
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TORONTO, ONTARIO |
FOR THE RESPONDENT
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