Date: 20041103
Docket: A-455-04
Citation: 2004 FCA 372
Present: EVANS J.A.
BETWEEN:
AIKON OBEAHON
Appellant
and
THE ATTORNEY GENERAL OF CANADA and CANADA POST
Respondents
"Dealt with in writing without appearance of parties."
Order delivered at Ottawa, Ontario, on November 3, 2004.
REASONS FOR ORDER BY: EVANS J.A.
Date: 20041103
Docket: A-455-04
Citation: 2004 FCA 372
PRESENT: EVANS J.A.
BETWEEN:
AIKON OBEAHON
Appellant
and
THE ATTORNEY GENERAL OF CANADA and CANADA POST
Respondents
REASONS FOR ORDER
EVANS J.A.
[1] The appellant has brought two motions in writing pursuant to rule 369 of the Federal Court Rules, 1998. The first motion requests a consolidation of two appeals, A-455-04 and A-456-04, and the second requests a determination of the content of the appeal book or books;
[2] The motions arise from appeals by the appellant against two orders of Snider J. of the Federal Court, dated August 4, 2004, dismissing the appellant's motion for an extension of time for making an application for judicial review and granting a motion by the respondent, the Attorney General of Canada, that he be removed as a respondent in this matter.
[3] The appellant's motion for a consolidation of the appeals will be granted; Court File No. A-455-04 will be designated as the lead file.
[4] Since the parties have not been able to agree, the appellant has brought a motion pursuant to rule 343(3) for an order to determine the content of the appeal book. The difference between the parties on this issue stems from the appellant's belief that, if the Court allows his appeals, it will proceed to determine his application for judicial review on its merits.
[5] This is not so. The only matters before the Court are the orders of Snider J. made on the motions by the appellant and the Attorney General of Canada. Should the appellant's appeals succeed, the matter will be remitted to the Federal Court where, once the outstanding pre-hearing steps are complete, the application for judicial review will be heard and determined.
[6] Accordingly, the only material to be included in the appeal book will be as follows:
1. The Notices of Appeal
2. The Orders of the Honourable Justice Snider dated August 4, 2004;
3. The appellant's motion record as accepted by the Federal Court on June 24, 2004;
4. The motion record of Canada Post Corporation, dated July 2, 2004;
5. The motion record of the Attorney General of Canada, dated July 2, 2004;
6. The appellant's reply, dated July 12, 2004;
7. This Order; and
8. Form 344 (certificate of completeness of the Appeal Book).
[7] No costs will be awarded in respect of these motions.
"John M. Evans"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-455-04
STYLE OF CAUSE: Aikon Obeahon v. The Attorney General of Canada and Canada Post
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES
REASONS FOR ORDER BY: The Honourable Mr. Justice Evans
DATED: November 3, 2004
WRITTEN REPRESENTATIONS BY:
Mr. Aikhon Obeahon ON HIS OWN BEHALF
Ms. Vanita Goela FOR THE RESPONDENT,
Attorney General of Canada
Mr. Chris Meaney FOR THE RESPONDENT,
Canada Post Corporation
SOLICITORS OF RECORD:
Mr. Aikhon Obeahon ON HIS OWN BEHALF
Deputy Attorney General of Canada FOR THE RESPONDENT
Ottawa, Ontario
Mr. Chris Meaney FOR THE RESPONDENT
Counsel
Canada Post Corporation
Toronto, Ontario
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