PRACTICE |
Variation of Time |
Mitcham v. Canada (Attorney General)
A-616-02
2003 FCA 70, Strayer J.A.
7/2/03
2 pp.
Applicant very late in filing application for judicial review --Unusual for Court to extend time for filing in such circumstances, but from affidavit material, apparent applicant not well served by Pensions Appeal Board, Member of Parliament, ministerial or departmental staff--Board failed to inform applicant of right to judicial review in Court or of time limit for making application--Not informing applicant of right to judicial review until some five months after expiration of right--Instead, applicant requested assistance of Member of Parliament--Minister of Human Resources's reply to Member of Parliament mostly reiterating general rules, silent about right to seek judicial review in Federal Court, time limits for doing so--Applicant's attempted resort to Member of Parliament to seek change in decision of independent Board misconceived, but at all times showed intention to have decision reviewed-- Application for judicial review allowed to proceed.