BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
AS REPRESENTED BY THE MINISTER OF FISHERIES AND
OCEANS (The Minister), THE ATTORNEY GENERAL OF
CANADA (The Attorney General)
and
RICHARD JENNINGS, SYL MacDONALD, DONALD
JOHNSTON, ROBERT JENKINS, SEPTIMUS MacPHEE,
BRIAN MacPHEE AND ERNIE GALLANT, all of whom are
fishermen from Prince Edward Island.
Motion dealt with in writing without appearance of parties
Order delivered at Ottawa, Ontario, on December 8, 2006.
REASONS FOR ORDER BY: RYER J.A.
Docket: 06-A-49
Citation: 2006 FCA 402
Present: RYER J.A.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
AS REPRESENTED BY THE MINISTER OF FISHERIES AND
OCEANS (The Minister), THE ATTORNEY GENERAL OF
CANADA (The Attorney General)
APPLICANT
and
RICHARD JENNINGS, SYL MacDONALD, DONALD
JOHNSTON, ROBERT JENKINS, SEPTIMUS MacPHEE,
BRIAN MacPHEE AND ERNIE GALLANT, all of whom are
fishermen from Prince Edward Island.
RESPONDENTS
REASONS FOR ORDER
[1] A motion was placed before me seeking an extension of time for the filing of a Notice of Appeal, pursuant to Rule 8 of the Federal Courts Rules at paragraph 27(2)(a) of the Federal Courts Act.
[2] Both parties agreed that the test set forth in Canada (Attorney General) v. Hennelly, [1999] F.C.J. No. 846 (F.C.A.) should govern the outcome of an application for an extension of time such as this one. In that decision, McDonald J.A. stated:
The proper test is whether the applicant has demonstrated
1. a continuing intention to pursue his or her application;
2. that the application has some merit;
3. that no prejudice to the respondent arises from the delay; and
4. that a reasonable explanation for the delay exists.
[3] Having reviewed the materials that were filed, I am not satisfied that the Applicant has established a reasonable explanation for the delay in the filing of the Notice of Appeal. Accordingly, the application will be dismissed, with costs.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: 06-A-49
STYLE OF CAUSE:
HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS
REPRESENTED BY THE MINISTER OF FISHERIES AND
OCEANS (The Minister), THE ATTORNEY GENERAL OF
CANADA (The Attorney General)
APPLICANT
and
RICHARD JENNINGS, SYL MacDONALD, DONALD
JOHNSTON, ROBERT JENKINS, SEPTIMUS MacPHEE,
BRIAN MacPHEE AND ERNIE GALLANT, all of whom are
fishermen from Prince Edward Island.
RESPONDENTS
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: RYER J.A.
WRITTEN REPRESENTATIONS BY:
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FOR THE APPLICANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Deputy Attorney General of Canada Ottawa
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FOR THE APPLICANT
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Godin, Lizotte, Robichaud, Guignard Shippigan, New Brunswick |
FOR THE RESPONDENT |