Utovac v. Canada (Treasury Board), 2004 FC 1615

                                                                                                                                   Date: 20041118

                                                                                                                                Docket: T-732-04

                                                                                                                        Citation: 2004 FC 1615

BETWEEN:

                                                              ANTUN UTOVAC

                                                                                                                                            Applicant

                                                                         - and -

                              HER MAJESTY THE QUEEN IN RIGHT OF CANADA

                                            as represented by TREASURY BOARD

                                                                                                                                        Respondent

                                                        REASONS FOR ORDER

PINARD J.:

[1]         The applicant appeals the discretionary decision of Madam Prothonotary Aronovitch, dated November 1^st, 2004, refusing to grant him an extension of time for the cross-examination of the deponent of an affidavit filed on behalf of the respondent.

[2]         The underlying judicial review application arises out of a decision rendered by Mr. Gilles Carpentier, the Deputy Head's Nominee for Classification Grievances, on March 10, 2004. The same day that the applicant served and filed his affidavit in support of his application for judicial review, the Deputy Head wrote to him indicating that he had reconsidered his position, cancelled the decision and ordered a new hearing. A new Classification Review Committee was set up and a hearing de novo took place on June 29, 2004. A new determination has since been made and is now also the subject of a judicial review application brought by the applicant.

[3]         In the circumstances, I find that the first application for judicial review is moot and that the applicant must be allowed an opportunity to seek the costs related thereto, as decided by the Prothonotary.

[4]         Consequently, the applicant's motion (appeal) is dismissed, with costs.

       JUDGE

OTTAWA, ONTARIO

November 18, 2004

                                                               FEDERAL COURT

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                        T-732-04

STYLE OF CAUSE:                                         ANTUN UTOVAC v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by TREASURY BOARD

PLACE OF HEARING:                                    Ottawa, Ontario

DATE OF HEARING:                          November 18, 2004

REASONS FOR ORDER:                                The Honourable Mr. Justice Pinard

DATED:                                                            November 18, 2004

APPEARANCES:

Mr. Antun Utovac                                             THE APPLICANT ON HIS OWN BEHALF

Mr. Richard Fader                                             FOR THE RESPONDENT

SOLICITORS OF RECORD:

Antun Utovac                                                    THE APPLICANT ON HIS OWN BEHALF

Ottawa, Ontario

Morris Rosenberg                                              FOR THE RESPONDENT

Deputy Attorney General of Canada

Ottawa, Ontario