Date: 20010424
Docket: A-146-00
Neutral citation: 2001 FCA 118
CORAM: ISAAC J.A.
SEXTON J.A.
MALONE J.A.
BETWEEN:
JOSEPH PAUL AUGUSTE ANDRE PREVOST
Appellant(s)
- and -
PUBLIC SERVICE COMMISSION
Respondent
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard at Toronto, Ontario, Tuesday, April 24, 2001
Judgment delivered at Toronto, Ontario,
on Tuesday, April 24, 2001
REASONS FOR JUDGMENT OF THE COURT BY: ISAAC J.A.
Date: 20010424
Docket: A-146-00
Neutral citation: 2001 FCA 118
CORAM: ISAAC J.A.
SEXTON J.A.
MALONE J.A.
BETWEEN:
JOSEPH PAUL AUGUSTE ANDRE PREVOST
Appellant(s)
- and -
PUBLIC SERVICE COMMISSION
Respondent
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Tuesday, April 24, 2001)
ISAAC J.A.
The appellant comes to us by way of an appeal from the order of a Motions Judge in the Trial Division dated 9 February, 2000 which affirmed the decision of a Prothonotary at Toronto on a Status Review. The Prothonotary, after a hearing, concluded that the appellant failed to justify the delay in bringing his appeal.
The appellant asks us to set aside the decision of the Motions Judge on the basis that he misapprehended the facts and that this resulted in an injustice to the appellant.
We asked counsel for the appellant to demonstrate to us by reference to the record in this appeal why the appellant takes the position that he had been unjustly dealt with. Counsel for the appellant was unable to do so to our satisfaction. Consequently, we are all of the view that the appeal should be dismissed.
"Julius A. Isaac"
J.A.
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