Harris v. Canada (Attorney General)

Harris v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2018-01-31
Neutral citation
2018 FCA 29
File numbers
A-217-17
Decision Content
Date: 20180131
Docket: A-217-17
Citation: 2018 FCA 29
CORAM:
WEBB J.A.
GLEASON J.A.
LASKIN J.A.
BETWEEN:
BRIAN HARRIS
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Toronto, Ontario, on January 31, 2018.
Judgment delivered from the Bench at Toronto, Ontario, on January 31, 2018.
REASONS FOR JUDGMENT OF THE COURT BY:
GLEASON J.A.
Date: 20180131
Docket: A-217-17
Citation: 2018 FCA 29
CORAM:
WEBB J.A.
GLEASON J.A.
LASKIN J.A.
BETWEEN:
BRIAN HARRIS
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on January 31, 2018).
GLEASON J.A.
[1] Mr. Harris appeals from the order of the Federal Court (per Manson, J) in Harris v. Attorney General (Canada), T-1340-16, dated July 5, 2017, dismissing his motion to extend the time to file an appeal from an earlier order made by the Prothonotary. That order had been made approximately six months earlier and struck Mr. Harris’ application for judicial review because it was bereft of any chance of success. The Prothonotary also noted that the application was unintelligible and confusing (Order of Prothonotary Kevin R. Aalto, T-1340-16, dated December 6, 2016).
[2] The Federal Court applied the correct test for assessing whether the extension should be granted and made no error warranting intervention in applying that test to Mr. Harris’ extension request. Based on the evidence filed, it was certainly open to the Federal Court to have concluded that Mr. Harris had provided an insufficient explanation of the reasons for the delay, that he had failed to show that his application had some prospect of success and that the other criteria for granting the extension had not been met.
[3] Thus, this appeal must be dismissed with costs fixed in the all-inclusive amount of $250.00.
“Mary J.L. Gleason”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET:
A-217-17
STYLE OF CAUSE:
BRIAN HARRIS v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING:
Toronto, Ontario
DATE OF HEARING:
January 31, 2018
REASONS FOR JUDGMENT OF THE COURT BY:
WEBB J.A.
GLEASON J.A.
LASKIN J.A.
DELIVERED FROM THE BENCH BY:
GLEASON J.A.
APPEARANCES:
Brian Harris
For The Appellant
(SELF-REPRESENTED)
Heather Thompson
For The Respondent
SOLICITORS OF RECORD:
Nathalie G. Drouin
Deputy Attorney General of Canada
For The Respondent