Poulin v. Canada (Attorney General), 2003 FCT 539

Date: 20030430

Docket: T-194-02

Neutral Citation: 2003 FCT 539

BETWEEN:

                                                             PIERRE-PAUL POULIN

                                                                                                                                                       Applicant

                                                                                 and

                                             ATTORNEY GENERAL OF CANADA and

                                               COMMISSIONER OF CORRECTIONS

                                              (CORRECTIONAL SERVICE CANADA)

                                                                                                                                               Respondents

MOTION by the respondents to extend the period provided by rule 310 of the Federal Court Rules, 1998, to serve and file their record.

                                                            REASONS FOR ORDER

PINARD J.:

[1]                 It is settled law that a party seeking to obtain an extension of time has the burden to establish the following factors:

a)          the party has a firm intention to pursue his or her application or to defend an application;

b)          the application or defence has merit;

c)          the opposing party will not be prejudiced by the extension being granted; and

d)          a reasonable explanation is provided to justify the extension.

[2]                 In exercising its discretion, the Court must assess and weigh these factors, bearing in mind that the fundamental objective is to ensure that justice between the parties is done (see Grewal v. Canada (Minister of Employment and Immigration), [1985] 2 F.C. 263 (F.C.A.))

[3]                 In this case, after a hearing by telephone conference call and after reviewing the record, I am satisfied of the continuing intention of the respondents to defend the application for judicial review. I am also satisfied that the defence raises a serious issue to be determined by the Court. After reviewing the respondents' proposed record, I am of the view, in light of the very particular legislative and regulatory context of this matter, that the filing of this record would greatly assist the Court in determining the issue between the parties.

[4]                 Moreover, the long delay of several months before the respondents sought leave to file their record, on the very day that the application for judicial review was to be heard, is entirely attributable to the admitted oversight of counsel for the respondents. This is a weak excuse. There is no doubt that the applicant, an inmate who is representing himself, would suffer appreciable prejudice if forced to proceed with his application for judicial review on the same day as the late filing of the respondents' record. In my view, however, granting costs to the applicant and permitting him to file a supplementary memorandum would offset any significant prejudice resulting from the late filing of the respondents' record and from adjourning the hearing of the application for judicial review.

[5]                 In the circumstances, I find that the respondents should be permitted to file their record within ten days of the date of the order accompanying these reasons. The hearing of the application for judicial review will accordingly be adjourned to the earliest possible date, a date to be fixed under the authority of the Associate Chief Justice of the Court. The hearing will be conducted by telephone conference call, with a court reporter participating, all of which was to occur following my order of April 28, 2003.

[6]                 In order to offset any prejudice that the applicant might suffer by the late filing of the respondents' record and the adjournment of the hearing of the application for judicial review, he may serve and file a supplementary record within twenty days after the expiration of the

above-mentioned period granted to the respondents to file their record. In addition, costs in the amount of $400 shall be paid by the respondents to the applicant, in any event of the cause; the costs shall be paid within thirty days of the date of the order accompanying these reasons.

(Signed) "Yvon Pinard"

Judge

Vancouver, British Columbia

April 30, 2003

Certified true translation

Mary Jo Egan, LLB

                                                    FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                                                          SOLICITORS OF RECORD

DOCKET:                                             T-194-02

STYLE OF CAUSE:                           PIERRE-PAUL POULIN and ATTORNEY GENERAL OF CANADA and COMMISSIONER OF CORRECTIONS (CORRECTIONAL SERVICES CANADA)

PLACE OF HEARING:                     Vancouver, British Columbia

DATE OF HEARING:                       April 30, 2003

REASONS BY:                                   The Honourable Mr. Justice Pinard

DATED:                                                April 30, 2003

APPEARANCES:

Pierre-Paul Poulin                                                                           FOR THE APPLICANT

(representing himself)

Marie Crowley                                                                               FOR THE RESPONDENTS

SOLICITORS OF RECORD:

Morris Rosenberg                                                                           FOR THE RESPONDENTS

Deputy Attorney General of Canada

Ottawa, ON