Mian v. Canadian Human Rights Commission, docket A-375-96

     Court File No. A-375-96

CORAM:      THE CHIEF JUSTICE

         ROBERTSON J.A.

         McDONALD J.A.

BETWEEN:

     AZAM MIAN

     Appellant

     - and -

     CANADIAN HUMAN RIGHTS COMMISSION and

     ATTORNEY GENERAL OF CANADA

     Respondents

     REASONS FOR JUDGMENT OF THE COURT

Heard at Ottawa, Ontario, on Thursday, February 27, 1997.

Judgment delivered from the Bench at Ottawa, Ontario, on Thursday, February 27, 1997.

REASONS FOR JUDGMENT BY:      THE CHIEF JUSTICE

     Court File No. A-375-96

CORAM:      THE CHIEF JUSTICE

         ROBERTSON J.A.

         McDONALD J.A.

BETWEEN:

     AZAM MIAN

     Appellant

     - and -

     CANADIAN HUMAN RIGHTS COMMISSION and

     ATTORNEY GENERAL OF CANADA

     Respondents

     REASONS FOR JUDGMENT OF THE COURT

     (Delivered from the Bench on Thursday, 27 February 1997)

         We are all of the view that the Appellant has not persuaded us that the learned Motions Judge made any error that would warrant intervention by this Court.

         The Motions Judge was asked to extend the time for commencing an application for judicial review based on the material before him. The Motions Judge exercised his discretion and refused the motion for the extension. We are satisfied the Motions Judge did not misapprehend the facts or err in law. We are also satisfied that in the circumstances of this case his decision did not result in injustice. The appeal will therefore be dismissed, but without costs because the Respondent does not seek any.

                 "Julius A. Isaac"

                         C.J.

     FEDERAL COURT OF APPEAL

     A-375-96

B E T W E E N:

     AZAM MIAN

     Appellant

     - and -

     CANADIAN HUMAN RIGHTS COMMISSION and

     ATTORNEY GENERAL OF CANADA

     Respondents

REASONS FOR JUDGMENT OF THE COURT