Docket: A-217-17
Citation: 2018 FCA 29
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CORAM:
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WEBB J.A.
GLEASON J.A.
LASKIN J.A.
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BETWEEN:
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BRIAN HARRIS
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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 Toronto, Ontario, on January 31, 2018.
Judgment delivered from the Bench at Toronto, Ontario, on January
31, 2018.
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REASONS FOR JUDGMENT OF THE COURT BY:
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GLEASON
J.A.
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Docket: A-217-17
Citation:
2018 FCA 29
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CORAM:
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WEBB J.A.
GLEASON J.A.
LASKIN J.A.
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BETWEEN:
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BRIAN HARRIS
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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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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on
January 31, 2018).
GLEASON J.A.
[1]
Mr. Harris appeals from the order of the Federal
Court (per Manson, J) in Harris v. Attorney General (Canada), T-1340-16,
dated July 5, 2017, dismissing his motion to extend the time to file an appeal
from an earlier order made by the Prothonotary. That order had been made
approximately six months earlier and struck Mr. Harris’ application for
judicial review because it was bereft of any chance of success. The
Prothonotary also noted that the application was unintelligible and confusing (Order
of Prothonotary Kevin R. Aalto, T-1340-16, dated December 6, 2016).
[2]
The Federal Court applied the correct test for
assessing whether the extension should be granted and made no error warranting
intervention in applying that test to Mr. Harris’ extension request. Based on
the evidence filed, it was certainly open to the Federal Court to have
concluded that Mr. Harris had provided an insufficient explanation of the
reasons for the delay, that he had failed to show that his application had some
prospect of success and that the other criteria for granting the extension had
not been met.
[3]
Thus, this appeal must be dismissed with costs
fixed in the all-inclusive amount of $250.00.
“Mary J.L. Gleason”
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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DOCKET:
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A-217-17
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STYLE OF CAUSE:
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BRIAN HARRIS v.
ATTORNEY GENERAL OF CANADA
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PLACE OF
HEARING:
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Toronto, Ontario
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DATE OF
HEARING:
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January 31, 2018
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REASONS
FOR JUDGMENT OF THE COURT BY:
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WEBB J.A.
GLEASON J.A.
LASKIN J.A.
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DELIVERED
FROM THE BENCH BY:
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GLEASON J.A.
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APPEARANCES:
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Brian Harris
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For The
Appellant
(SELF-REPRESENTED)
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Heather Thompson
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For The
Respondent
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SOLICITORS OF RECORD:
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Nathalie G. Drouin
Deputy Attorney General of Canada
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For The
Respondent
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