| Citation: |
Hudon v. Canada (Attorney General), 2009 FC 1092, [2010] 2 F.C.R. D-7 |
T-443-09 |
Armed Forces
Judicial review of decision by Director General Canadian Forces Grievance Administration (Grievance Authority) refusing applicant’s second level grievance for filing out of time without reasonable cause—Applicant filing grievance two months after expiration of submission period—Grievance Authority determining not in interests of justice to accept out-of-time grievance pursuant to Queen’s Regulations and Orders for the Canadian Forces (QR&O), s. 7.10(4)—Issue, interpretation of QR&O, s. 7.10(4)—Heavy workload of applicant’s counsel sole reason for delay—Granting extension for such reason without other explanation not in interests of justice—Applicant not discharging burden of offering valid explanation when supporting request for extension, therefore, Grievance Authority’s decision reasonable—QR&O, s. 7.10(4) providing that any refusal of extension must be in writing—Three-page decision providing reasons of refusal sufficient—QR&O, s 7.10 clear, no discretion to hear grievance submitted out of time unless in interests of justice to do so—Application dismissed.
Hudon v. Canada (Attorney General) (T-443-09, 2009 FC 1092, Boivin J., judgment dated October 26, 2009, 16 pp.)