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Date: 20090616

Docket: A-562-08

Citation: 2009 FCA 205

 

CORAM:       SHARLOW J.A.

                        LAYDEN-STEVENSON J.A.

                        RYER J.A.

 

BETWEEN:

JENNIFER PURDY

 

Appellant

and

MILITARY POLICE

COMPLAINTS COMMISSION

 

Respondent

 

 

 

Heard at Ottawa, Ontario, on June 16, 2009.

Judgment delivered from the Bench at Ottawa, Ontario, on June 16, 2009.

 

REASONS FOR JUDGMENT OF THE COURT BY:                        LAYDEN-STEVENSON J.A.

 


Date: 20090616

Docket: A-562-08

Citation: 2009 FCA 205

 

CORAM:       SHARLOW J.A.

                        LAYDEN-STEVENSON J.A.

                        RYER J.A.

 

BETWEEN:

JENNIFER PURDY

 

Appellant

and

MILITARY POLICE

COMPLAINTS COMMISSION

 

Respondent

 

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on June 16, 2009)

LAYDEN-STEVENSON J.A.

[1]               We appreciate the appellant’s laudable efforts to seek improvement to the military police investigation process while she also seeks a remedy for what she perceives as an injustice to her. 

 

[2]               However, we are of the view that the appeal must be dismissed.  We are not persuaded, on the facts of this matter, that the motion judge’s discretionary decision, refusing the request for an extension of time within which to bring an application for judicial review, discloses a misapprehension of the facts or an error of law.

 

[3]               The respondent did not request costs and none will be awarded.

 

"Carolyn Layden-Stevenson"

J.A.


 

 

 

 

FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                              A-562-08

 

(APPEAL FROM AN ORDER OF JUSTICE HARRINGTON OF THE FEDERAL COURT, DATED NOVEMBER 6, 2008, DOCKET 08-T-49

 

STYLE OF CAUSE:                                                              Jennifer Purdy v. Military Police Complaints Commission

 

 

PLACE OF HEARING:                                                        Ottawa, Ontario

 

 

DATE OF HEARING:                                                          June 16, 2009

 

 

REASONS FOR JUDGMENT OF THE COURT BY:       (SHARLOW, LAYDEN-STEVENSON, RYER JJ.A.)

 

DELIVERED FROM THE BENCH BY:                            LAYDEN-STEVENSON J.A

 

 

 

APPEARANCES:

 

Ms. Jamie Liew

FOR THE APPELLANT/

 

Mr. Nigel Marshman

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

Galldin Liew LLP

Ottawa, Ontario

FOR THE APPELLANT/

 

 

Military Police Complaints Commission

Ottawa, Ontario

FOR THE RESPONDENT

 

 

 

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