Sylvestre v. Canada, 2003 FCA 342

Date: 20030919

Docket: A-409-02

Citation: 2003 FCA 342

CORAM:        DÉCARY J.A.

NADON J.A.

PELLETIER J.A.

BETWEEN:

MARTIN SYLVESTRE

Appellant

and

HER MAJESTY THE QUEEN

Respondent

Hearing held at Montréal, Quebec, on September 17, 2003.

Judgment rendered at Montréal, Quebec, on September 19, 2003.

REASONS FOR JUDGMENT:                                                                                      NADON J.A.

CONCURRED IN BY:                                                                                                  DÉCARY J.A.

                                                                                                                                 PELLETIER J.A.

Date: 20030919

Docket: A-409-02

Citation: 2003 FCA 342

CORAM:        DÉCARY J.A.

NADON J.A.

PELLETIER J.A.

BETWEEN:

MARTIN SYLVESTRE

Appellant

and

HER MAJESTY THE QUEEN

Respondent

REASONS FOR JUDGMENT

NADON J.A.

[1]        The appellant is challenging a judgment by Blais J. of the Federal Court on June 24, 2002, which upheld a decision by prothonotary Richard Morneau on May 22, 2002.

[2]        In his decision prothonotary Morneau dismissed a motion made by the appellant for an extension of time to appeal a decision he made on April 29, 2002, dismissing the appellant's action pursuant to a status review notice issued by this Court on March 4, 2002.

[3]        Blais J. dismissed the appellant's motion for an extension on the following grounds:

[TRANSLATION]

WHEREAS the applicant failed to provide a reasonable explanation of his delay in filing an appeal from the decision by prothonotary Morneau on April 29, 2002;

WHEREAS the applicant did not provide to the Court's satisfaction valid reasons that prevented him from acting during the period for which he is requesting an extension of time;

WHEREAS this motion was not supported by an affidavit;

WHEREAS the applicant has failed to provide particulars that could briefly explain how the applicant has a reasonable chance of success if the application for an extension is granted . . .

[4]        Unfortunately for the appellant, he did not persuade the Court that, in concluding as he did, Blais J. made any error on the basis of which the Court should intervene.

[5]        The appeal will accordingly be dismissed without costs.

"I concur.

Robert Décary J.A."

"I concur.

J.D. Denis Pelletier J.A."

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.

                                                  FEDERAL COURT OF APPEAL

                                                      SOLICITORS OF RECORD

FILE:                                                                           A-409-02

APPEAL FROM ORDER BY FEDERAL COURT ON JUNE 24, 2002, IN FILE T-840-01.

STYLE OF CAUSE:                                                   MARTIN SYLVESTRE

Appellant

and

HER MAJESTY THE QUEEN

Respondent

PLACE OF HEARING:                                             Montréal, Quebec

DATE OF HEARING:                                               September 17, 2003

REASONS FOR JUDGMENT:                                NADON J.A.

CONCURRED IN BY:                                              DÉCARY J.A.

PELLETIER J.A.

DATE OF REASONS:                                               September 19, 2003

APPEARANCES:

Martin Sylvestre                                                            FOR THE APPELLANT

Pauline Leroux                                                               FOR THE RESPONDENT

SOLICITORS OF RECORD:

Morris Rosenberg                                                          FOR THE RESPONDENT

Deputy Attorney General of Canada

Montréal, Quebec