Date: 19991027
Docket: A-620-96
CORAM: ISAAC J.A.
LÉTOURNEAU J.A.
ROTHSTEIN J.A.
BETWEEN:
ANNE GOULD, ETHEL GOULD, GLADYS GOULD,
BARBARA GOULD and IVY GOULD
APPELLANTS
(APPLICANTS)
AND:
THE ATLANTIC GROUNDFISH STRATEGY,
a board established by the Department of Human Resources
Development and the Department of Fisheries and Oceans
RESPONDENT
(RESPONDENT)
APPLICATION UNDER Section 18.1 of the Federal Court Act,
R.S.C. 1985, c. F.7 (as amended)
Heard at Ottawa, Ontario, Wednesday, October 27, 1999
Judgment delivered from the Bench at Ottawa, Ontario, Wednesday, October 27, 1999
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 19991027
Docket: A-620-96
CORAM: ISAAC J.A.
LÉTOURNEAU J.A.
ROTHSTEIN J.A.
BETWEEN:
ANNE GOULD, ETHEL GOULD, GLADYS GOULD,
BARBARA GOULD and IVY GOULD
APPELLANTS
(APPLICANTS)
AND:
THE ATLANTIC GROUNDFISH STRATEGY,
a board established by the Department of Human Resources
Development and the Department of Fisheries and Oceans
RESPONDENT
(RESPONDENT)
APPLICATION UNDER Section 18.1 of the Federal Court Act,
R.S.C. 1985, c. F.7 (as amended)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario,
Wednesday, October 27, 1999)
LÉTOURNEAU J.A.
[1] We have not been convinced that, in refusing the applicants' motion for an extension of the time to file an Application for Judicial Review, the motions judge improperly exercised his discretion and, thereby, made an error which would justify our intervention. The motion for an extension of time was made in July 1996, more than one year after the decision was rendered. In addition, it was submitted more than six months after a similar request for an extension of time was refused on December 11, 1995 to a group of similarly situated applicants of which the appellants were members. The appellants were aware at that time of the Court's concern with the delay and, yet, they failed to act diligently and to provide, to the satisfaction of the motions judge, a reasonable explanation for their lack of diligence.
[2] The appeal will be dismissed without costs as the respondent is not asking for costs.
"Gilles Létourneau"
J.A.
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