Duncan A. Bowes CD1 v. Canada (National Defence)

Duncan A. Bowes CD1 v. Canada (National Defence)
Court (s) Database
Federal Court of Appeal Decisions
Date
2013-06-25
Neutral citation
2013 FCA 170
File numbers
A-419-12
Decision Content
Date: 20130625
Docket: A-419-12
Citation: 2013 FCA 170
CORAM: BLAIS C.J.
MAINVILLE J.A.
NEAR J.A.
BETWEEN:
DUNCAN A. BOWES CD1
Appellant
and
DEPARTMENT OF NATIONAL DEFENCE
Respondent
Heard at Winnipeg, Manitoba, on June 25, 2013.
Judgment delivered from the Bench at Winnipeg, Manitoba, on June 25, 2013.
REASONS FOR JUDGMENT OF THE COURT BY: NEAR J.A.
Date: 20130625
Docket: A-419-12
Citation: 2013 FCA 170
CORAM: BLAIS C.J.
MAINVILLE J.A.
NEAR J.A.
BETWEEN:
DUNCAN A. BOWES CD1
Appellant
and
DEPARTMENT OF NATIONAL DEFENCE
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Winnipeg, Manitoba, on June 25, 2013)
NEAR J.A.
[1] The appellant appeals from the September 4, 2012 Order of the Federal Court (12-T-59), in which the judge dismissed his application for an extension of time to file an application for judicial review of a decision rendered with respect to the appellant’s grievance by the final authority pursuant to the National Defence Act, R.S.C. , 1985, c. N-5.
[2] The National Defence Act is clear that “[a] decision of a final authority in the grievance process is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court”: section 29.15. The appellant was informed of the timelines within which he could commence an application for judicial review. The judge applied the proper legal test, and was not satisfied by the appellant’s explanations for the long delay (over 180 days) in commencing his application. As the appellant has not demonstrated any error that would warrant this Court’s intervention, I would dismiss the appeal with costs.
"D.G. Near"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-419-12
APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE BEAUDRY DATED SEPTEMBER 4, 2012, DOCKET NO. 12-T-59
STYLE OF CAUSE: Duncan A. Bowes CD1 v. Department of National Defence
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: June 25, 2013
REASONS FOR JUDGMENT OF THE COURT BY: Blais C.J.
Mainville J.A.
DELIVERED FROM THE BENCH BY: Near J.A.
APPEARANCES:
Duncan A. Bowes CD1
ON HIS OWN BEHALF
Christine Singh
FOR THE RESPONDENT
SOLICITORS OF RECORD:
William F. Pentney
Deputy Attorney General of Canada
FOR THE RESPONDENT