Sylvestre v. Canada

Sylvestre v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2003-09-19
Neutral citation
2003 FCA 342
File numbers
A-409-02
Decision Content
Date: 20030919
Docket: A-409-02
Citation: 2003 FCA 342
CORAM: DÉCARY J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
MARTIN SYLVESTRE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Hearing held at Montréal, Quebec, on September 17, 2003.
Judgment rendered at Montréal, Quebec, on September 19, 2003.
REASONS FOR JUDGMENT: NADON J.A.
CONCURRED IN BY: DÉCARY J.A.
PELLETIER J.A.
Date: 20030919
Docket: A-409-02
Citation: 2003 FCA 342
CORAM: DÉCARY J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
MARTIN SYLVESTRE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
NADON J.A.
[1] The appellant is challenging a judgment by Blais J. of the Federal Court on June 24, 2002, which upheld a decision by prothonotary Richard Morneau on May 22, 2002.
[2] In his decision prothonotary Morneau dismissed a motion made by the appellant for an extension of time to appeal a decision he made on April 29, 2002, dismissing the appellant's action pursuant to a status review notice issued by this Court on March 4, 2002.
[3] Blais J. dismissed the appellant's motion for an extension on the following grounds:
[TRANSLATION]
WHEREAS the applicant failed to provide a reasonable explanation of his delay in filing an appeal from the decision by prothonotary Morneau on April 29, 2002;
WHEREAS the applicant did not provide to the Court's satisfaction valid reasons that prevented him from acting during the period for which he is requesting an extension of time;
WHEREAS this motion was not supported by an affidavit;
WHEREAS the applicant has failed to provide particulars that could briefly explain how the applicant has a reasonable chance of success if the application for an extension is granted . . .
[4] Unfortunately for the appellant, he did not persuade the Court that, in concluding as he did, Blais J. made any error on the basis of which the Court should intervene.
[5] The appeal will accordingly be dismissed without costs.
"Marc Nadon"
J.A.
"I concur.
Robert Décary J.A."
"I concur.
J.D. Denis Pelletier J.A."
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT OF APPEAL
Date: 20030919
Docket: A-409-02
Between:
MARTIN SYLVESTRE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
FILE: A-409-02
APPEAL FROM ORDER BY FEDERAL COURT ON JUNE 24, 2002, IN FILE T-840-01.
STYLE OF CAUSE: MARTIN SYLVESTRE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 17, 2003
REASONS FOR JUDGMENT: NADON J.A.
CONCURRED IN BY: DÉCARY J.A.
PELLETIER J.A.
DATE OF REASONS: September 19, 2003
APPEARANCES:
Martin Sylvestre FOR THE APPELLANT
Pauline Leroux FOR THE RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec