Date: 20001101
Docket: A-159-98
Montréal, Quebec, Wednesday, November 1, 2000
Coram: DÉCARY
LÉTOURNEAU
NOËL, JJ.A.
BETWEEN: HELENE BEAULIEU
Applicant-Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
GEORGE THOMSON
- and -
Mr. YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF RELATIONS BOARD
Third parties
JUDGMENT
The appeal is dismissed, with a single set of costs in relation to this appeal and the appeal filed in docket A-157-98.
Robert Décary
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20001101
Docket: A-157-98
Montréal, Quebec, Wednesday, November 1, 2000
Coram: DÉCARY
LÉTOURNEAU
NOËL, JJ.A.
BETWEEN: HELENE BEAULIEU
Applicant-Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
GEORGE THOMSON
- and -
Mr. YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF RELATIONS BOARD
Third parties
JUDGMENT
The appeal is dismissed, with a single set of costs in relation to this appeal and the appeal filed in docket A-159-98.
Robert Décary
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20001101
Coram: DÉCARY
LÉTOURNEAU
NOËL, JJ.A.
Docket: A-157-98
BETWEEN: HELENE BEAULIEU
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
GEORGE THOMSON
- and -
Mr. YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF RELATIONS BOARD
Third parties
Docket: A-159-98
BETWEEN: HELENE BEAULIEU
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
GEORGE THOMSON
- and -
Mr. YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF RELATIONS BOARD
Third parties
Hearing held in Montréal, Quebec on Wednesday, November 1, 2000
Judgment pronounced in Montreal, Quebec on Wednesday, November 1, 2000
REASONS FOR JUDGMENT BY: DÉCARY J.A.
Date: 20001101
Coram: DÉCARY
LÉTOURNEAU
NOËL, JJ.A.
Docket: A-157-98
BETWEEN: HELENE BEAULIEU
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
GEORGE THOMSON
- and -
Mr. YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF RELATIONS BOARD
Third parties
Docket: A-159-98
BETWEEN: HELENE BEAULIEU
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
GEORGE THOMSON
- and -
Mr. YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF RELATIONS BOARD
Third parties
REASONS FOR JUDGMENT OF THE COURT
(Pronounced at the hearing in Montréal, Quebec
on Wednesday, November 1, 2000)
DÉCARY J.A.
[1] The appellant filed some appeals, converted by order of the Court into applications for judicial review, in twelve cases. These twelve cases, by order of the Court, were subsequently reduced to two. Docket A-157-98 covers six applications in which Ms. Beaulieu attacks the decision of an adjudicator who had dismissed her grievances. Docket A-159-98 covers six applications in which Ms. Beaulieu criticizes this adjudicator for failing to giver her time in which to appeal a decision that he had rendered in relation to a preliminary motion the appellant had presented.
[2] It was on April 15, 1997 that the twelve appeals were converted into applications for judicial review. On February 6, 1998, Ms. Beaulieu filed some motions to extend the time, which were set down for hearing on February 23, 1998. The motions, in paragraph 11, state:
[Translation]
11. Furthermore, your applicant submits to this Honourable Court that she was unable to take the time and the necessary resources to follow through on, deal with the twelve cases and file the exhibits, for the reasons:
- that she had some health problems, on the other hand;
- she opened her own legal firm;
- she first had to provide all professional services to her clients, attend to her files;
- take care of and provide for her needs and the needs of her family;
These explanations are not supported by any affidavit.
[3] On February 23, 1998, the appellant's spouse filed with the motions judge a medical certificate explaining that the appellant was unable to come to Court that day. The hearing of the motions was postponed to March 3, 1998.
[4] On March 3, 1998, Hugessen J.A. dismissed the motions to extend the time. He rightly noted that the affidavits contained no explanation for the 10 month delay that had run since April 15, 1997. He added that the appellant's submission that she had been on sick leave since February 18, 1998, even if he were to take it as proved, would clearly not suffice to explain the delay.
[5] It is true, as the appellant argues, that the medical certificate was used only to justify the adjournment of the hearing on February 23, 1998. Hugessen J.A. agreed, in the appellant's interest, to take a further look, and he found, even then, that it was not sufficient. We do not really see what error he committed in the exercise of his discretion.
[6] The appeals will be dismissed with a single set of costs and a copy of these reasons will be placed in each of the two files.
Robert Décary
J.A.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF APPEAL
Date: 20001101
Docket: A-157-98
BETWEEN: HELENE BEAULIEU
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
GEORGE THOMSON
- and -
Mr. YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF RELATIONS BOARD
Third parties
Docket: A-159-98
BETWEEN: HELENE BEAULIEU
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
GEORGE THOMSON
- and -
Mr. YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF RELATIONS BOARD
Third parties
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Coram: DÉCARY
LÉTOURNEAU
NOËL, JJ.A.
Docket: A-157-98
BETWEEN: HELENE BEAULIEU
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
GEORGE THOMSON
- and -
Mr. YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF RELATIONS BOARD
Third parties
Docket: A-159-98
BETWEEN: HELENE BEAULIEU
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
GEORGE THOMSON
- and -
Mr. YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF RELATIONS BOARD
Third parties
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 1, 2000
REASONS FOR JUDGMENT OF THE COURT by DÉCARY J.A.
DATED: November 1, 2000
APPEARANCES:
Hélène Beaulieu FOR HERSELF
Michelle Lavergne FOR THE RESPONDENT
SOLICITORS OF RECORD:
Hélène Beaulieu FOR HERSELF
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada