Crook v. Canada

Crook v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2018-03-22
Neutral citation
2018 FCA 60
File numbers
A-54-17
Decision Content
Date: 20180322
Docket: A-54-17
Citation: 2018 FCA 60
CORAM:
RENNIE J.A.
WOODS J.A.
LASKIN J.A.
BETWEEN:
WILLIAM HAMILTON CROOK
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Heard at Toronto, Ontario, on March 22, 2018.
Judgment delivered at Toronto, Ontario, on March 22, 2018.
REASONS FOR JUDGMENT BY:
CONCURRED IN BY:
RENNIE J.A.
WOODS J.A.
LASKIN J.A.
Date: 20180322
Docket: A-54-17
Citation: 2018 FCA 60
CORAM:
RENNIE J.A.
WOODS J.A.
LASKIN J.A.
BETWEEN:
WILLIAM HAMILTON CROOK
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
RENNIE J.A.
[1] William Crook appeals an order of the Federal Court dated January 20, 2017 per Justice Diner dismissing his application for an extension of time to appeal an order of Prothonotary Aalto dated October 3, 2016. In that decision, the prothonotary struck out Mr. Crook’s statement of claim in its entirety without leave to amend.
[2] The motions judge denied Mr. Crook’s application for an extension of time to file an appeal of the prothonotary’s decision because “[t]he reasons provided by [Mr. Crook] … do not justify any extension of time”. He also found that Mr. Crook “… fail[ed] to raise any argument which would serve as a basis for the Court to intervene” in the prothonotary’s order.
[3] The decision whether or not to grant an application for an extension of time is a discretionary decision reviewable for a palpable and overriding error (Leishman v. Canada, 2017 FCA 206 at para. 8; Hospira Healthcare Corporation v. Kennedy Institute of Rheumatology, 2016 FCA 215 at para. 79, [2017] 1 F.C.R. 331).
[4] It is well-established that there are four factors to be considered when determining whether an application for an extension of time should be granted: whether the moving party had a continuing intention to pursue the application; the potential merit to the appeal; prejudice to the opposing party, and the existence of a reasonable explanation for the delay (Canada (Attorney General v. Larkman, 2012 FCA 204 at para. 61, 433 N.R. 184 (Larkman)).
[5] The overriding consideration is to ensure that the interests of justice are served, and not all four factors must be in the applicant’s favour (Larkman at para. 62).
[6] Although the motions judge does not explicitly apply this test, it is clear from his reasons, when read in light of the prothonotary’s decision, the proposed statement of claim, and the appellant’s arguments in support of the extension, that the Federal Court judge turned his mind to the relevant factors. I see no error that would justify this Court’s intervention.
[7] This appeal will therefore be dismissed, with costs fixed in the amount of $500.00 all inclusive.
“Donald J. Rennie”
J.A.
“I agree
Judith Woods J.A.”
“I agree
J.B. Laskin J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE DINER OF THE FEDERAL COURT DATED JANUARY 20, 2017 IN DOCKET NO. T-1161-16.
DOCKET:
A-54-17
STYLE OF CAUSE:
WILLIAM HAMILTON CROOK v. HER MAJESTY THE QUEEN
PLACE OF HEARING:
Toronto, Ontario
DATE OF HEARING:
March 22, 2018
REASONS FOR JUDGMENT BY:
RENNIE J.A.
CONCURRED IN BY:
WOODS J.A.
LASKIN J.A.
DATED:
MARCH 22, 2018
APPEARANCES:
William Hamilton Crook
FOR THE APPELLANT
(self-represented)
Heather Thompson
For The Respondent
SOLICITORS OF RECORD:
Nathalie G. Drouin
Deputy Attorney General of Canada
For The Respondent