Muckle v. Canada (Attorney General), 2020 FC 914

Date: 20200918

Docket: 20-T-20

Citation: 2020 FC 914

Toronto, Ontario, September 18, 2020

PRESENT:  Justice A.D. Little

ORDER

CONSIDERING the Order of this Court dated August 12, 2020 (the “Order”) granting the Applicant an extension of time to serve and file his Notice of Application for judicial review within 15 days of the Order;

AND CONSIDERING that on August 21, 2020, the Applicant tendered for filing the Notice of Application dated August 17, 2020, within the 15-day period required by the Order, but without reference on the Notice of Application to the preliminary file number (20-T-20) provided for it;

AND CONSIDERING the Applicant’s letter dated September 1, 2020;

AND CONSIDERING the Court’s understanding that on September 8, 2020, the Applicant attempted to file his Notice of Application dated August 17, 2020, with the file number on it but by that time, the 15-day period in the Order had expired;

AND CONSIDERING that the form of the Notice of Application in the possession of the Registry is otherwise considered suitable for filing;

  THEREFORE the Court concludes that in the circumstances, it is in the interests of justice that the Applicant should be permitted to file his Notice of Application;

THIS COURT ORDERS that an extension of time is hereby granted to permit the Applicant to file his Notice of Application in the form with the file number 20-T-20 that is currently in possession of the Registry. Time limits for the next steps will follow those in the Federal Courts Rules, SOR/98-106.