Date: 20040226
Docket: A-716-02
Citation: 2004 FCA 77
PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
NORMAND LASSONDE
Applicant
and
CANADA CUSTOMS AND REVENUE AGENCY
and REVENU QUÉBEC
Respondents
Written motion heard without appearance by parties.
Order made at Ottawa, Ontario, on February 26, 2004.
REASONS FOR ORDER: PELLETIER J.A.
Date: 20040226
Docket: A-716-02
Citation: 2004 FCA 77
PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
NORMAND LASSONDE
Applicant
and
CANADA CUSTOMS AND REVENUE AGENCY
and REVENU QUÉBEC
Respondents
REASONS FOR ORDER
PELLETIER J.
[1] By a letter dated January 30, 2004, Mr. Lassonde asked for additional time, until March 1, to file his record. An order requiring the filing of his record before February 2 had already been made concerning him.
[2] On reading the record, I note the following facts regarding the progress of this matter:
- filing of notice of his application on December 24, 2002;
- period of inactivity;
- status review notice dated June 26, 2003;
- reply to status review notice dated July 24, 2003, in which the applicant explained his inactivity with reference to a voluminous motion filed in the Tax Court of Canada;
- order dated July 29, 2003, authorizing the applicant to file his affidavit and exhibits within 30 days of the date of the order;
- letter from the applicant dated August 27, in which he asked for ten days additional time to file his affidavit and exhibits because his father had died;
- order dated September 5, 2003, in which the plaintiff was to file his affidavit and exhibits [TRANSLATION] "by September 29, 2003, at the latest";
- filing of applicant's affidavit on September 29;
- period of inactivity;
- order dated January 13 extending the period for filing the applicant's record to February 2, 2004;
- letter from the applicant dated January 30, 2004, requesting an extension of the time allowed in the order of January 13 to March 1, because of a neurological condition;
- a letter from the applicant dated February 25, asking for an extension of the time claimed in his letter of January 30 to July 1, 2004.
[3] It appears from this review of the facts that, despite the repeated delays granted him by the Court, the applicant has had difficulty moving his case forward. It is true that the applicant has always had an explanation for his delay, but the fact remains that over a year after his application was filed he has still not filed his record. The applicant must do what is required to have his application heard, or the appeal will be struck out for delay. The Court does not lack sympathy toward him, as indicated by the many orders granting him additional time, but the Court must do justice to the respondents. For these reasons, the Court will allow the applicant's application for an extension of the time allowed in the order of January 13 to March 15, 2004, but if the applicant does not file his record within that time his application will be struck out without further notice. Further, if the applicant does not file his hearing application within the deadlines specified in the Federal Court Rules, 1998, his application will be struck out without further notice.
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"J.D. DENIS PELLETIER"
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J.A.
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Certified true translation
Suzanne M. Gauthier, C Tr, LLL
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-716-02
STYLE OF CAUSE: NORMAND LASSONDE
Applicant
and
CANADA CUSTOMS AND REVENUE AGENCY
and REVENU QUÉBEC
Respondents
WRITTEN MOTION HEARD WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER AND ORDER: PELLETIER J.A.
DATE OF REASONS FOR ORDER AND ORDER:
February 26, 2004
WRITTEN SUBMISSIONS BY:
Normand Lassonde For himself
Marie-Andrée Legault For the respondents
SOLICITORS OF RECORD:
Normand Lassonde For himself
Montréal, Quebec
Morris Rosenberg For the respondents
Deputy Attorney General of Canada
Montréal, Quebec
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