Date: 20010921
Docket: 01-T-28
Neutral citation: 2001 FCT 1039
Ottawa, Ontario, September 21, 2001
BEFORE: BLANCHARD J.
BETWEEN:
OCTAVIO EMMANUEL
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR ORDER AND ORDER
[1] This is a motion for an order extending the 30-day deadline from the date of this order for service and filing of the notice of motion for judicial review of a decision by a review tribunal pursuant to s. 28 of the Old Age Security Act, R.S.C. 1985, c. 0-9, following a decision by the Department of Human Resources Development Canada on June 29, 2000.
[2] The Court first notes the decision of my colleague Blais J. in case 01-T-01, rendered on January 26, 2001. This was an application for an extension of time involving the same parties, the same case and the same application as is concerned in the motion at bar. The applicant did not appeal this decision of Blais J.
[3] I further note that Blais J. dealt in his reasons with the same arguments as those put forward by the applicant in the instant motion, and finally dismissed the application for an extension of time. The applicant in the instant motion said nothing about the decision by Blais J. and tried to explain his omission by the following statements:
(1) it was an involuntary omission when the pleadings were prepared;
(2) as the said judgment dismissed the pleadings on technical grounds and the merits of the case were not decided, the undersigned counsel respectfully submits that the said judgment is not a bar to filing the instant motion, which corrects the technical defects . . .
[4] I cannot accept these explanations. I consider that the order by Blais J. has the authority of res judicata. The purpose of res judicata is to avoid a multiplicity of actions and proceedings and the possibility of contradictory judgments. These rules undoubtedly apply to the instant motion.
[5] For all these reasons, the motion is dismissed: the whole with costs.
ORDER
THE COURT ORDERS that:
1. The motion is dismissed with costs.
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Edmond P. Blanchard
Judge
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Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: 01-T-28
STYLE OF CAUSE: OCTAVIO EMMANUEL v.
HER MAJESTY THE QUEEN
WRITTEN MOTION CONSIDERED WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER BY: BLANCHARD J.
DATED: September 21, 2001
WRITTEN OBSERVATIONS BY:
Jean-Paul Gagnon FOR THE PLAINTIFF
Montréal, Quebec
Éric Bernatchez FOR THE DEFENDANT
Montréal, Quebec
SOLICITORS OF RECORD:
Semeniuk, Gagnon, Attorneys FOR THE PLAINTIFF
Montréal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Ottawa, Ontario
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