Boshra v. Canadian Association of Professional Employees, 2010 FCA 72

Date: 20100310

Docket: A-368-09

Citation: 2010 FCA 72

Present:          PELLETIER J.A.

BETWEEN:

SAMEH BOSHRA

Applicant

and

CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES (CAPE)

Respondent

Dealt with in writing without appearance of parties.

Order delivered at Ottawa, Ontario, on March 10, 2010.

REASONS FOR ORDER BY:                                                                                  PELLETIER J.A.

Date: 20100310

Docket: A-368-09

Citation: 2010 FCA 72

Present:          PELLETIER J.A.

BETWEEN:

SAMEH BOSHRA

Applicant

and

CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES (CAPE)

Respondent

REASONS FOR ORDER

PELLETIER J.A.

[1]               The applicant, Sameh Boshra, seeks to file a supplementary affidavit in support of his application of judicial review of the decision of the Public Service Labour Relations Board dismissing his complaint that his union, the respondent Canadian Association of Professional Employees, failed to adequately represent him.

[2]               The supplementary affidavit purports to correct inaccuracies in the affidavit filed by the respondent as to the date when the respondent became aware of the applicant’s complaint. What is not clear from the material provided is the significance of this date. The applicant’s motion record does not contain written representations in support of his motion but he has filed a lengthy reply in which he seeks to rebut the arguments made by the respondent.  None of this explains why the date is material.

[3]               Given that leave to file supplementary affidavits is to be granted sparingly (see Mazhero v. Canada (Industrial Relations Board), 2002 FCA 295), I do not see how granting leave to file this supplementary affidavit will assist the Court in determining the issues between the parties, principally because Mr. Boshra has not told the Court how it will do so. 

[4]               As a result, the motion for leave to file a supplementary affidavit is dismissed with costs.

"J.D. Denis Pelletier"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-368-09

STYLE OF CAUSE:                                                              SAMEH BOSHRA

                                                                                                and CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES (CAPE)

MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES

REASONS FOR ORDER BY:                                             PELLETIER J.A.

DATED:                                                                                 MARCH 10, 2010

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: