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Date: 20020606

Docket: 02-T-20

Neutral citation: 2002 FCT 646

BETWEEN:

                                                    GLORIA (JEAN) ROBICHAUD,

                                                                                                                                                      Applicant,

                                                                              - and -

                                           THE ATTORNEY GENERAL OF CANADA,

                                                                                                                                                  Respondent.

                                                            REASONS FOR ORDER

LAYDEN-STEVENSON J.

[1]                 The applicant requests an extension of time to file a Notice of Application. This is the second such request. The first request was dismissed by Strayer J.A. on November 27, 2001. In his Reasons for Order, Mr. Justice Strayer stated:

The decision complained of was made by a member of the Pension Appeals Board on November 24, 2000. The applicant filed this notice of motion for an extension of time on October 22, 2001, some 11 months later. In her affidavit she provides considerable detail as to her medical condition over the last 18 years but virtually no explanation as to why she delayed so long in applying to the Court. It is apparent that by at least February 23, 2001, when she first contacted the Court, she was aware that there was a time limit for applying for judicial review which she had already exceeded. While the Court tries to be flexible where self-represented parties are concerned, for an extension of time to be granted the Court must be satisfied that there was some good reason for the whole of the delay. None is provided here.


[2]                 The applicant then brought a motion for reconsideration pursuant to Rule 397 of the Federal Court Rules, 1998. That motion was not filed within the prescribed time limit and was not supported by an affidavit. The motion was dismissed on January 2, 2002. The present notice of motion is dated February 6, 2002 and is accompanied by the applicant's affidavit.

[3]                 The affidavit sworn February 6, 2002 constitutes an effort by the applicant to explain the delay. Essentially, the applicant states that she found the task of preparing the notice of motion difficult and challenging. She consulted an article clerk in Halifax who charged her a lower rate but after approximately two months, the clerk moved. The notice of motion had not been prepared. The applicant made further efforts to complete an affidavit but health issues and household chores hindered her progress. She consulted a lawyer but could not afford to retain him. The applicant deposed that, from June, 2001 to October, 2001, she "fitted working on my affidavit in with my light household chores on my good days". After the motions referred to earlier were dismissed, the applicant consulted two additional lawyers. In the final analysis, she completed her own affidavit.


[4]                 While I have sympathy for the applicant, I do not find that the chronology described in her affidavit provides a satisfactory explanation for the delay. In addition to reasons for delay, the Court must also be satisfied that there is an arguable case: Grewal v. Canada (Minister of Employment and Immigration), [1985] 2 F.C. 263 (C.A.). There is no evidence whatsoever to establish the existence of an arguable case on the merits.

[5]                 The motion is therefore dismissed.

  

___________________________________

      Judge

Ottawa, Ontario

June 6, 2002


                          FEDERAL COURT OF CANADA

                                       TRIAL DIVISION

    NAMES OF COUNSEL AND SOLICITORS OF RECORD

    

DOCKET:                   02-T-20

STYLE OF CAUSE: GLORIA (JEAN) ROBICHAUD V. THE ATTORNEY                                                              GENERAL OF CANADA

                                                         

MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF THE PARTIES

  

REASONS FOR Order : The Honourable Madam Justice Layden-Stevenson

DATED:                      June 6, 2002

   

WRITTEN REPRESENTATIONS BY:

Gloria Jean Robichaud                                                     FOR PLAINTIFF / APPLICANT

N/A                                                                       FOR DEFENDANT/ RESPONDENT

  

SOLICITORS OF RECORD:

Gloria Jean Robichaud                                                     FOR PLAINTIFF/APPLICANT

Truro, Nova Scotia

N/A                                                                       FOR DEFENDANT/ RESPONDENT

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