Emmanuel v. Canada

Emmanuel v. Canada
Court (s) Database
Federal Court Decisions
Date
2001-06-06
Neutral citation
2001 FCT 601
File numbers
01-T-28
Decision Content
Date: 20010606
Docket: 01-T-28
Neutral citation: 2001 FCT 601
Ottawa, Ontario, the 6th day of June, 2001
PRESENT: THE HONOURABLE MR. JUSTICE BLANCHARD
BETWEEN:
OCTAVIO EMMANUEL
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR ORDER AND ORDER
[1] In this motion, the applicant is seeking extension of time of 30 days from the date of the decision, in which to serve and file a notice of application for judicial review. The motion is based on rule 369 of the Federal Court Rules, 1998.
[2] After I had considered the motion, I realized that my colleague, Mr. Justice Blais, had made an order on January 26, 2001, in file no. 01-T-1, dismissing a motion that was identical to this one
in every regard, in terms of the parties, the facts and the decision in respect of which an extension of time was requested.
[3] This motion by the appellant does not mention the decision of Blais J. in file no. 01-T-1, nor do the decision or decisions of June 29, 2000, by the Department of Human Resources Development appear in the motion record.
[4] To avoid any misunderstanding and to ensure that justice is done in accordance with the principles of natural justice and procedural fairness, I am of the view that the documents of
June 29, 2000, must be filed in the appellant's record.
[5] For all of these reasons, the appellant is ordered to file the decision or decisions of
June 29, 2000, and explain the reasons why he failed to mention the order of Blais J. in
file no. 01-T-1. This must be done by ten days from the date of this order at the latest.
ORDER
ON THE MOTION for an extension of time of 30 days from the date of the decision to serve and file a notice of application for judicial review;
AFTER REVIEWING the documents filed;
THE COURT ORDERS that:
1. the applicant produce the decision or decisions of June 29, 2000, and explain the reasons why he failed to mention the order of Blais J. in file no. 01-T-1 in his motion, and that this be done by ten days from the date of this order.
2. the respondent, if she deems it necessary, will have ten days from the date the applicant's documents and submissions are filed to submit her argument in reply.
Edmond P. Blanchard
Judge
Certified true translation
Sophie Debbané, LL.B.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: 01-T-28
STYLE OF CAUSE: OCTAVIO EMMANUEL v. HER MAJESTY THE QUEEN
MOTION IN WRITING WITHOUT PERSONAL APPEARANCE
REASONS FOR ORDER AND ORDER of the Honourable Mr. Blanchard
DATED: June 6, 2001
APPEARANCES:
Jean-Paul Gagnon FOR THE APPELLANT
Eric Bernatchez FOR THE RESPONDENT
SOLICITORS OF RECORD:
Semeniuk Gagnon
Montréal, Quebec FOR THE APPELLANT
Morris Rosenberg
Deputy Attorney General
of Canada FOR THE RESPONDENT