Mulveney v. Canada (Human Resource Development)

Mulveney v. Canada (Human Resource Development)
Court (s) Database
Federal Court of Appeal Decisions
Date
2006-11-30
Neutral citation
2006 FCA 391
File numbers
A-133-05
Decision Content
Date: 20061130
Docket: A-133-05
Citation: 2006 FCA 391
CORAM: LINDEN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
MARYANN MULVENEY
Appellant
and
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
Heard at Toronto, Ontario, on November 29, 2006.
Judgment delivered at Toronto, Ontario, on November 30, 2006.
REASONS FOR JUDGMENT BY: LINDEN J.A.
CONCURRED IN BY: EVANS J.A.
MALONE J.A.
Date: 20061130
Docket: A-133-05
Citation: 2006 FCA 391
CORAM: LINDEN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
MARYANN MULVENEY
Appellant
and
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Respondent
REASONS FOR JUDGMENT
LINDEN J.A.
[1] This is an appeal from a decision by the Motions Judge refusing an extension of time to file a Notice of Application for Judicial Review of a decision of the Minister that there was no administrative error in this case.
[2] The Motions Judge deciding on the written material only based his decision on the sole ground of the absence of a sufficient explanation for the delay, one of the four elements to be met to obtain an extension.
[3] Given the unusual circumstances of this case and given the more fulsome explanation offered to this Court, we are satisfied that an “obvious injustice” would result if we did not allow an extension of time to file a Notice of Application for Judicial Review in this matter (see Mayne Pharma (Canada) Inc. v. Aventis Pharma Inc., [2005] F.C.A. 50) .
[4] The Court suggests that the parties, in view of the circumstances, consider compromise in this case.
[5] The appeal will be allowed. The order dated March 14, 2005 is set aside and the time to file the Notice of Application will be extended to January 31, 2007.
“A. M. Linden”
J.A.
“I agree John M. Evans”
J.A.
“I agree B. Malone”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-133-05
APPEAL FROM THE ORDER OF THE HONOURABLE MR. JUSTICE GIBSON DATED MARCH 14, 2005, DOCKET NO. 05-T-14
STYLE OF CAUSE: Maryann Mulveney
v. Minister of Human Resource Development Canada
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: November 29, 2006
REASONS FOR JUDGMENT: LINDEN J.A.
CONCURRED IN BY: EVANS J.A.
MALONE J.A.
DATED: November 30, 2006
APPEARANCES:
Maryann Mulveney
FOR THE APPELLANT
(self-represented)
Jacques-Michel Cyr
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Maryann Mulveney
Toronto, Ontario
FOR THE APPELLANT
(self-represented)
John H. Sims Q.C.
Deputy Attorney General of Canada
FOR THE RESPONDENT