Bergeron v. Canada (Attorney General), (1993) 69 F.T.R. 52 (TD)

• Judge: Nadon, J.
• Court: Federal Court (Canada)
• Case Date: September 07, 1993
• Jurisdiction: Canada (Federal)
• Citations: (1993), 69 F.T.R. 52 (TD)

Bergeron v. Can. (A.G.) (1993), 69 F.T.R. 52 (TD)

MLB headnote and full text

Janet Bergeron (applicant) v. Attorney General of Canada (respondent)

(T-890-93)

Indexed As: Bergeron v. Canada (Attorney General)

Federal Court of Canada

Trial Division

Nadon, J.

September 10, 1993.

Summary:

An employee applied for judicial review of a decision of the Public Service Commission Appeal Board. She applied for an extension of time within which to file her application record pursuant to rule 1606 of the Federal Court Rules.

The Federal Court of Canada, Trial Division, dismissed the application.

Administrative Law - Topic 6113

Judicial review - Statutory appeal - Extension of time to file supporting materials - A federal employee applied for judicial review of a decision by the Public Service Commission Appeal Board - The employee had delayed 60 days in filing her application record - She sought an order extending the time within which to file to 12 months hence, arguing that by then a pending Federal Court of Appeal decision "may solve" the central issue in her case - The Federal Court of Canada, Trial Division, refused the extension of time, ruling that what the employee really sought was a stay of proceedings because of the expense and inconvenience of pursuing her case, hoping that if a decision unfavourable to the Board resulted, a settlement might be forthcoming.

Cases Noticed:

MacNeill v. Canada (Attorney General) (1993), 64 F.T.R. 41 (T.D.), refd to. [para. 11].

Varnam v. Canada (Minister of Health and Welfare), Director of Bureau of Dangerous Drugs and College of Physicians and Surgeons (B.C.) (1987), 12 F.T.R. 34 (T.D.), refd to. [para. 14].

Statutes Noticed:

Federal Court Act, R.S.C. 1985, c. F-7, sect. 50(1)(b) [para. 13].

Federal Court Rules, rule 6 [para. 8]; rule 1606 [paras. 1, 6]; rule 1614 [para. 8]; rule 1620 [para. 18]; rule 1620(1)(a) [para. 19].

Counsel:

James Cameron, for the applicant;

Dogan Akman, for the respondent.

Solicitors of Record:

Raven, Jewitt & Allen, Ottawa, Ontario, for the applicant;

John C. Tait, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This case was heard in Ottawa, Ontario, on September 7, 1993, before Nadon, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on September 10, 1993.