Docket: A-108-14
Citation: 2014 FCA 229
CORAM:
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NADON J.A.
GAUTHIER J.A.
WEBB J.A.
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BETWEEN:
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MICHAL HALLEN
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Appellant
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and
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ATTORNEY GENERAL OF CANADA
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Respondent
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Heard at Ottawa, Ontario, on October 14, 2014.
Judgment delivered from the Bench at Ottawa, Ontario, on October 14,
2014.
REASONS FOR JUDGMENT OF THE COURT BY:
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NADON
J.A.
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Docket: A-108-14
Citation:
2014 FCA 229
CORAM:
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NADON J.A.
GAUTHIER J.A.
WEBB J.A.
|
BETWEEN:
|
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MICHAL HALLEN
|
|
Appellant
|
|
and
|
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ATTORNEY GENERAL OF CANADA
|
|
Respondent
|
|
|
|
|
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on
October 14, 2014).
NADON J.A.
[1]
We are of the view that the Federal Court made
no error in concluding that, because of delay, the applicant’s judicial review
application had to be dismissed.
[2]
We are satisfied that what is at issue in these
proceedings, is a singular, discrete decision made by Treasury Board in June
2005 and communicated to the appellant by a letter from Public Works and
Government Services Canada, dated July 14, 2005, which informed him that a
transfer of pension credits under the Loba Limited reciprocal pension transfer
agreement was not possible.
[3]
Consequently, the appellant, under subsection
18.1(2) of the Federal Courts Act, R.S.C. 1985, c. F-7 was bound to act
within the thirty-day period specified in the section or obtain leave to commence
his application beyond that period.
[4]
The appeal will therefore be dismissed with
costs.
“Marc Nadon”
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
Docket:
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A-108-14
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|
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STYLE OF CAUSE:
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MICHAL HALLEN
v. ATTORNEY GENERAL OF CANADA
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PLACE OF
HEARING:
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Ottawa, Ontario
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DATE OF
HEARING:
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October 14, 2014
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REASONS
FOR JUDGMENT OF THE COURT BY:
|
NADON J.A.
GAUTHIER J.A.
WEBB J.A.
|
DELIVERED
FROM THE BENCH BY:
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NADON J.A.
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APPEARANCES:
DOUGLAS E. BROWN
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For The
Appellant
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ANNE M. TURLEY
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For The
Respondent
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SOLICITORS OF RECORD:
Nelligan O'Brien Payne LLP
Ottawa, Ontario
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For The
Appellant
MICHAL HALLEN
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William F. Pentney
Deputy Attorney General of Canada
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For The
Respondent
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