Tench v. Canada, docket 98-T-46

Date: 19981118

Docket: 98-T-46

OTTAWA, ONTARIO, THIS 18^TH DAY OF NOVEMBER, 1998

BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM

BETWEEN:

     DAVID IAIN TENCH

     APPLICANT

     and

     HER MAJESTY THE QUEEN

     RESPONDENT

     ORDER AND REASONS FOR ORDER

     This is an application for an extension of time for the filing of an application for judicial review.

     As stated by the respondent in the Motion Record, an extension of time should only be granted where the applicant has demonstrated a continuing intention to pursue the application, there is some merit to the application, no prejudice arises to the respondent as a result of the delay and a reasonable explanation for the delay exists.

     In reading the Amended Motion Record of the applicant, I cannot conclude that there is some merit to the application for judicial review.

     In paragraph 7 of the applicant"s amended affidavit, the applicant speaks of a disability which affected his interpretation without saying what is the disability which affected his interpretation.

     In that I am satisfied, after reading the applicant"s Memorandum of Fact and Law, that the applicant has failed to show an arguable case, the present application for extension of time is denied with costs in favour of the respondent.

                             "Max M. Teitelbaum"

                                                              J.F.C.C.