Docket:
A-46-13
Citation: 2013
FCA 248
CORAM: NOËL J.A.
PELLETIER J.A.
TRUDEL J.A.
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BETWEEN:
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RACHEL EXETER
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Appellant
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and
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ATTORNEY GENERAL OF CANADA
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(Deputy Head, Statistics Canada)
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Respondent
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Dealt with in writing without appearance of parties.
Judgment delivered at Ottawa, Ontario, on October 17, 2013.
REASONS FOR JUDGMENT BY: NOËL
J.A.
CONCURRED BY: PELLETIER
J.A.
TRUDEL
J.A.
Docket:
A-46-13
Citation:
2013 FCA 248
CORAM NOËL
J.A.
PELLETIER J.A.
TRUDEL J.A.
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BETWEEN:
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RACHEL EXETER
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Appellant
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and
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ATTORNEY GENERAL OF CANADA
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(Deputy Head, Statistics Canada)
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Respondent
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REASONS FOR JUDGMENT
NOËL J.A.
[1]
After having considered the appellant’s and the
respondent’s submissions in response to the Notice of Status Review, I have
come to the conclusion that the appellant has not provided a satisfactory
explanation for the delay in pursuing her appeal and that the appeal should
accordingly be dismissed.
[2]
As the respondent submits, the medical condition
which the appellant advances as the justification for the delay is incompatible
with her extensive activity in other proceedings before the Federal Court. Indeed,
if the appellant was in a position to file submissions, affidavits and time extensions
between April 22, 2013 and August 29, 2013 in other files, nothing prevented
her from filing her memorandum of fact and law or seeking an extension of time
for doing so in the present appeal during the same period.
[3]
The reason advanced by the appellant in order to
justify the delay does not provide a satisfactory explanation for her failure
to act.
[4]
The appeal will be dismissed for delay.
“Marc Noël”
“I agree.
J.D. Denis Pelletier J.A.”
“I agree.
Johanne Trudel J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
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DOCKET:
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A-46-13
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STYLE OF CAUSE:
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RACHEL EXETER v. ATTORNEY GENERAL OF CANADA, (Deputy Head, Statistics Canada)
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MOTION DEALT
WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR
JUDGMENT BY:
NOËL
J.A.
CONCURRED BY: PELLETIER J.A.
TRUDEL J.A.
DATED:
October
17, 2013
WRITTEN REPRESENTATIONS BY:
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RACHEL EXETER
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For The Appellant
(ON HER OWN BEHALF)
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LEA BOU KARAM
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For The Respondent
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SOLICITORS OF RECORD:
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William F. Pentney
Deputy Attorney General of Canada
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For The Respondent
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