Date: 20000628
Docket: A-746-98
EDMONTON, ALBERTA, WEDNESDAY, JUNE 28TH, 2000.
CORAM: ROBERTSON, J.A.
McDONALD, J.A.
SEXTON, J.A.
BETWEEN:
ROBERT O. JENSEN
Appellant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Edmonton, Alberta, on Wednesday, June 28, 2000
Judgment delivered from the Bench at Edmonton, Alberta, on Wednesday, June 28, 2000
REASONS OF THE COURT BY: McDONALD J.A.
Date: 20000628
Docket: A-746-98
CORAM: ROBERTSON, J.A.
McDONALD, J.A.
SEXTON, J.A.
BETWEEN:
ROBERT O. JENSEN
Appellant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
McDONALD, J.A.:
[1] This is an appeal from the order of the Trial Division denying the appellant an extension of time to file and serve his affidavit in support of his application for judicial review.
[2] Since the impugned decision was one calling for the exercise of judicial discretion, this Court can only interfere if it is shown that the Judge acted on a wrong principle or failed to give appropriate weight to relevant considerations.
[3] Where the Motions Judge has given no reasons for his decision, this Court's duty is "to consider the record to determine whether there was material before the Motions Judge which could form the basis for his exercise of discretion consistent with legal principles and the requirements of Justice.
[4] It is irrelevant that other judges may have decided the matter differently; it is enough that the Motions Judge, acting judiciously, could properly have exercised his discretion to deny the extension of time sought by the appellant.
[5] The appeal will be dismissed with costs.
"F.J. McDonald"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-746-98
STYLE OF CAUSE:
- and -
ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Edmonton, alberta
DATE OF HEARING: June 28, 2000
REASONS FOR JUDGMENT BY: McDonald J.A.
DATED: June 28, 2000
APPEARANCES:
Mr. Bruce e. Mintz FOR THE APPELLANT
Mr. Kenneth A. Manning FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. Bruce E. Mintz
400 - The Dorchester
10357 - 109 Street
Edmonton, Alberta T5J 1N3 FOR THE APPELLANT
Morris A. Rosenberg
Deputy Attorney General of Canada
Department of Justice
211 Bank of Montreal Bldg
10199 - 101 Street
Edmonton, Alberta T5J 3Y4 FOR THE RESPONDENT
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