Docket:
A-379-12
Citation: 2013
FCA 206
CORAM:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
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BETWEEN:
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ROBERT LAVIGNE
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Appellant
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and
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CANADA POST CORPORATION
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Respondent
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Heard at Montréal, Quebec, on September 11, 2013.
Judgment delivered from the Bench at Montréal, Quebec, on September
11, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Docket:
A-379-12
Citation:
2013 FCA 206
CORAM:
NOËL
J.A.
TRUDEL
J.A.
MAINVILLE
J.A.
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BETWEEN:
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ROBERT LAVIGNE
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Appellant
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and
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CANADA POST CORPORATION
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Respondent
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the
Bench at Montréal, Quebec, on September 11, 2013).
NOËL J.A.
[1]
This is an appeal from an order of the Federal
Court wherein Pinard J. (the Federal Court judge) dismissed the appellant’s
motion for an extension of time to appeal from Prothonotary Morneau’s decision,
which dismissed the appellant’s consolidated applications for delay.
[2]
The appellant maintains that he met the
conditions for being relieved from his failure to act in time and that the
Federal Court judge erred in failing to give him the extension sought.
[3]
We disagree. In our view, the record amply
supports the Federal Court judge’s exercise of discretion in refusing to grant
the extension.
[4]
The appeal will be dismissed with costs.
"Marc Noël"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-379-12
(APPEAL FROM AN ORDER OF THE FEDERAL
COURT DATED JUNE 7, 2012, DOCKET NO. T-2200-07)
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STYLE OF CAUSE:
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ROBERT LAVIGNE
v. CANADA POST CORPORATION
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PLACE OF HEARING:
Montréal, Quebec
DATE OF HEARING:
september
11, 2013
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL J.A.
TRUDEL J.A.
MAINVILLE J.A.
DELIVERED
FROM THE BENCH BY:
NOËL
J.A.
APPEARANCES:
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Robert Lavigne
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For The APPELLANT
(ON HIS OWN BEHALF)
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Alexandre Bourbonnais
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For The Respondent
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Caroline Laverdière
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For The Respondent
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SOLICITORS OF RECORD:
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Norton Rose Canada LLP
Montréal, Quebec
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For The Respondent
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William F. Pentney
Deputy Attorney General of Canada
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For The Respondent
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