Livingston v. Canada
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Livingston v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2007-02-28 Neutral citation 2007 FCA 84 File numbers 06-A-43 Decision Content Date: 20070228 Docket: 06-A-43 Citation: 2007 FCA 84 Present: NOËL J.A. BETWEEN: JAMES ALEXANDER LIVINGSTON Appellant and HER MAJESTY THE QUEEN Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on February 28, 2007. REASONS FOR ORDER BY: NOËL J.A. Date: 20070228 Docket: 06-A-43 Citation: 2007 FCA 84 Present: NOËL J.A. BETWEEN: JAMES ALEXANDER LIVINGSTON Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR ORDER NOËL J.A. [1] By order dated September 14, 2006 I denied the applicant’s application for an extension of time to file a Notice of Appeal against the order of Hughes J. dated April 19, 2006, but granted the applicant leave to file a fresh application to extend the time to appeal Hughes J.’s reconsideration decision dated May 1, 2006. [2] Despite the fact that by the time this decision was rendered, the applicant had to be aware of the importance of moving without undue delay particularly when one is seeking the indulgence of the Court to extend the time limits otherwise imposed by law, the applicant did not serve its fresh application until November 22, 2006, more than two months after leave was granted. [3] Not surprisingly, the respondent opposes the motion to extend the time. Having regard to the absence of any explanation for the delay in bringing forth thi…
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Livingston v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2007-02-28 Neutral citation 2007 FCA 84 File numbers 06-A-43 Decision Content Date: 20070228 Docket: 06-A-43 Citation: 2007 FCA 84 Present: NOËL J.A. BETWEEN: JAMES ALEXANDER LIVINGSTON Appellant and HER MAJESTY THE QUEEN Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on February 28, 2007. REASONS FOR ORDER BY: NOËL J.A. Date: 20070228 Docket: 06-A-43 Citation: 2007 FCA 84 Present: NOËL J.A. BETWEEN: JAMES ALEXANDER LIVINGSTON Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR ORDER NOËL J.A. [1] By order dated September 14, 2006 I denied the applicant’s application for an extension of time to file a Notice of Appeal against the order of Hughes J. dated April 19, 2006, but granted the applicant leave to file a fresh application to extend the time to appeal Hughes J.’s reconsideration decision dated May 1, 2006. [2] Despite the fact that by the time this decision was rendered, the applicant had to be aware of the importance of moving without undue delay particularly when one is seeking the indulgence of the Court to extend the time limits otherwise imposed by law, the applicant did not serve its fresh application until November 22, 2006, more than two months after leave was granted. [3] Not surprisingly, the respondent opposes the motion to extend the time. Having regard to the absence of any explanation for the delay in bringing forth this application, and the failure by the appellant to show that the proposed appeal has any merit, the application is denied. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: 06-A-43 STYLE OF CAUSE: JAMES ALEXANDER LIVINGSTON and HER MAJESTY THE QUEEN MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: NOËL J.A. DATED: February 28, 2007 WRITTEN REPRESENTATIONS BY: JAMES A. LIVINGSTON FOR THE APPELLANT / APPLICANT SHARON McGOVERN FOR THE RESPONDENT SOLICITORS OF RECORD: JAMES A. LIVINGSTON GUELPH, ONTARIO FOR THE APPELLANT / APPLICANT JOHN H. SIMS TORONTO, ONTARIO FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca