Bomongo v. Communications, Energy and Paperworkers Union of Canada, 2010 FCA 77

Date: 20100319

Docket: A‑334‑09

Citation: 2010 FCA 77

Present:          NOËL J.A.

BETWEEN:

CHRISTIAN BOMONGO,

PATRICK KENABANTU,

TARIK LAASSEL

Applicants

and

COMMUNICATIONS, ENERGY AND

PAPERWORKERS UNION OF CANADA

and

BELL CANADA

Respondents

Dealt with in writing without appearance of parties.

Order delivered at Ottawa, Ontario, on March 19, 2010.

REASONS FOR ORDER BY:                                                                                           NOËL J.A.

Date: 20100319

Docket: A‑334‑09

Citation: 2010 FCA 77

Present:          NOËL J.A.

BETWEEN:

CHRISTIAN BOMONGO,

PATRICK KENABANTU,

TARIK LAASSEL

Applicants

and

COMMUNICATIONS, ENERGY AND

PAPERWORKERS UNION OF CANADA

and

BELL CANADA

Respondents

REASONS FOR ORDER

[1]               The applicants are requesting leave to file three additional affidavits under section 312 of the Federal Courts Rules.

[2]               The request is out of time, since proceedings have reached the request for hearing stage, and the motion provides no explanation whatsoever of why the affidavits were not filed within the time prescribed by Rule 306 of the Federal Courts Rules.

[3]               Furthermore, the affidavits do not comply with Rule 81 of the Federal Courts Rules in that they essentially take the form of an argument, and none of the attached exhibits are part of the record as constituted before the Canada Industrial Relations Board.

[4]               In the circumstances, leave to file should not be granted.

[5]               The motion is dismissed with costs.

“Marc Noël”

Certified true translation

Sarah Burns

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A‑334‑09

STYLE OF CAUSE:                                                              CHRISTIAN BOMONGO, PATRICK KENABANTU, TARIK LAASSEL and COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA AND BELL CANADA

MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES

REASONS FOR ORDER BY:                                             NOËL J.A.

DATED:                                                                                 March 19, 2010

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: