Date: 20031125
Docket: 03-A-44
Citation: 2003 FCA 445
Present: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
ALAIN LAURENDEAU
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Written motion decided without appearance by the parties.
Order delivered at Ottawa, Ontario, on November 25, 2003.
REASONS FOR ORDER: PELLETIER J.
Date: 20031125
Docket: 03-A-44
Citation: 2003 FCA 445
Present: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
ALAIN LAURENDEAU
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
PELLETIERJ.
[1] The applicant is asking for an extension of time to file an application for judicial review of a decision by an umpire under the Employment Insurance Act, dated July 14, 2000.
[2] The jurisprudence is consistent: when a party moves for an extension of time, a valid explanation must be provided to justify the delay - the entire period of the delay - in filing an application for judicial review. Secondly, the moving party must persuade the Court that there are reasonable grounds to believe that the application for judicial review is well-founded. See Tarsen Singh Grewal v. Minister of Employment and Immigration, [1985] 2 F.C. 263 (F.C.A.).
[3] The moving party's explanation for the delay in filing his application for judicial review is insufficient because it does not offer any explanation as to why, over a three-year period, he was content not to do anything to advance his appeal. This is not explained by the fact that he was still waiting for additional information from the assistant registrar at the Office of the Umpire.
[4] What is still more important for the purposes of his motion, however, is the absence of any reason that would suggest that his application for judicial review is well-founded. He has not put forward any grounds that would warrant the intervention of this Court in the matter of the Umpire's refusal to grant his application to amend under section 120 of the Employment Insurance Act.
[5] For these reasons, the application for an extension of time is dismissed with costs.
"Denis Pelletier"
Judge
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: 03-A-44
STYLE OF CAUSE: ALAIN LAURENDEAU
and
THE ATTORNEY GENERAL OF CANADA
WRITTEN MOTION EXAMINED WITHOUT APPEARANCE OF THE PARTIES
REASONS FOR ORDER: THE HONOURABLE MR. JUSTICE PELLETIER
DATE OF REASONS: November 25, 2003
WRITTEN REPRESENTATIONS BY:
Alain Laurendeau Representing himself
Pauline Leroux For the respondent
SOLICITORS OF RECORD:
Alain Laurendeau Representing himself
Montréal, Quebec
Morris Rosenberg
Deputy Attorney General of Canada For the respondent
Montréal, Quebec
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