Wheaton v. Canada, docket T-2013-98

Date: 20000301

Docket: T-2013-98

BETWEEN:

     TERRY C. WHEATON,

     Plaintiff,

     - and -

     HER MAJESTY THE QUEEN,

     DEPARTMENT OF FISHERIES & OCEANS,

     Defendants.

     REASONS FOR ORDER

LEMIEUX, J.

[1]      The Plaintiff, Terry C. Wheaton, in this Rule 369 motion filed on November 23^rd, 1999, seeks an extension of time to appeal the February 3^rd, 1999 decision of Prothonotary Hargrave who struck out and dismissed, without leave to amend, the Plaintiff"s Amended Statement of Claim.

[2]      Rule 51 of the Federal Court Rules, 1998 provides for an appeal from an Order of a Prothonotary by notice of motion served within 10 days after the day on which the Order under appeal was made. This Rule was specifically drawn to Mr. Wheaton"s attention by T. Scott, Senior Registry Officer of the Court, in a letter dated March 16, 1999 after Mr. Wheaton had written to the Supreme Court of Canada.

[3]      In his motion seeking an extension of time, Mr. Wheaton relies on the fact he tried to appeal to the Supreme Court of Canada and argues he is denied the right to represent himself in a Court of Law.

[4]      Mr. Wheaton"s arguments simply have no merit. Mr. Wheaton had an opportunity to appeal Mr. Hargrave"s Order within the specified time provided by the Rules and he had the opportunity to seek an extension of time after Rule 51 had been drawn to his attention. Mr. Wheaton does not explain or even attempt to explain a delay of over 7 months before making this extension motion.

[5]      On the authority of the Federal Court of Appeal"s decision in Grewal v. Minister of Employment and Immigration [1985] 63 N.R. 106 and a long series of subsequent cases to the same effect, the Plaintiff has not provided any justification for the delay.

[6]      For these reasons, motion for extension of time denied.

                             (Sgd.) "F. Lemieux"

                                 Judge

March 1, 2000

Vancouver, British Columbia

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS ON THE RECORD

                     v.

                     HER MAJESTY THE QUEEN, DEPARTMENT

                     OF FISHERIES AND OCEANS

MOTION DEALT WITH IN WRITING PURSUANT TO RULE 369

SOLICITORS OF RECORD:

Morris Rosenberg

Deputy Attorney General