Date: 20030919
Docket: A-409-02
Citation: 2003 FCA 342
CORAM: DÉCARY J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
MARTIN SYLVESTRE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Hearing held at Montréal, Quebec, on September 17, 2003.
Judgment rendered at Montréal, Quebec, on September 19, 2003.
REASONS FOR JUDGMENT: NADON J.A.
CONCURRED IN BY: DÉCARY J.A.
PELLETIER J.A.
Date: 20030919
Docket: A-409-02
Citation: 2003 FCA 342
CORAM: DÉCARY J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
MARTIN SYLVESTRE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
NADON J.A.
[1] The appellant is challenging a judgment by Blais J. of the Federal Court on June 24, 2002, which upheld a decision by prothonotary Richard Morneau on May 22, 2002.
[2] In his decision prothonotary Morneau dismissed a motion made by the appellant for an extension of time to appeal a decision he made on April 29, 2002, dismissing the appellant's action pursuant to a status review notice issued by this Court on March 4, 2002.
[3] Blais J. dismissed the appellant's motion for an extension on the following grounds:
[TRANSLATION]
WHEREAS the applicant failed to provide a reasonable explanation of his delay in filing an appeal from the decision by prothonotary Morneau on April 29, 2002;
WHEREAS the applicant did not provide to the Court's satisfaction valid reasons that prevented him from acting during the period for which he is requesting an extension of time;
WHEREAS this motion was not supported by an affidavit;
WHEREAS the applicant has failed to provide particulars that could briefly explain how the applicant has a reasonable chance of success if the application for an extension is granted . . .
[4] Unfortunately for the appellant, he did not persuade the Court that, in concluding as he did, Blais J. made any error on the basis of which the Court should intervene.
[5] The appeal will accordingly be dismissed without costs.
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"Marc Nadon"
J.A. |
"I concur.
Robert Décary J.A."
"I concur.
J.D. Denis Pelletier J.A."
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF APPEAL
Date: 20030919
Docket: A-409-02
Between:
MARTIN SYLVESTRE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
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FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
FILE: A-409-02
APPEAL FROM ORDER BY FEDERAL COURT ON JUNE 24, 2002, IN FILE T-840-01.
STYLE OF CAUSE: MARTIN SYLVESTRE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 17, 2003
REASONS FOR JUDGMENT: NADON J.A.
CONCURRED IN BY: DÉCARY J.A.
PELLETIER J.A.
DATE OF REASONS: September 19, 2003
APPEARANCES:
Martin Sylvestre FOR THE APPELLANT
Pauline Leroux FOR THE RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec