Judgments

Decision Information

Decision Content

Gilles Benoit, Marcel Baillargeon (Applicants) v.
The Public Service Commission of Canada and Michel P. Archambault (Respondents)
Court of Appeal, Pratte J.—Ottawa, September 25, 1973.
Practice and procedure—Application for extension of time for judicial review—Where made after 10 days of decision— Material required on motion—Rule 1107.
An application under Rule 1107 for an extension of time for judicial review of a decision, if not made within ten days of the decision, must be accompanied by material to enable the Court to decide whether the applicant has an arguable case.
APPLICATION. COUNSEL:
Rule 1107 of the Federal Court.
SOLICITORS:
Lapointe, Rosenstein, White, Lemaitre -Aug er and Konigsberg, Montreal, for applicants.
Deputy Attorney General of Canada for respondents.
PRATTE J.—This is an application for an extension of time submitted in accordance with Rule 1107. The applicants propose to file a section 28 application against a decision of an appeal committee established under the Public Service Employment Act, R.S.C. 1970, c. P-32. As the ten-day period in which under section 28(2) they could have made their application has now expired, the applicants are asking for an extension.
Without consenting to the application, the respondents indicated that they had no submis sion to make.
For the Court to allow an application of this nature it is not sufficient that it be of the opin ion that the applicant had valid reasons not to file the section 28 application within the time specified by the statute. The Court must in
addition be satisfied that the section 28 applica tion that the applicant intends to make is not frivolous. The Court is unable to rule on this point if the application for an extension of time is not accompanied by the material or other' evidence needed to determine whether the applicant has an arguable case.
In the case at bar, there is nothing in the record to indicate whether the remedy the appli cants seek to exercise is, or is not, frivolous. The application is accordingly dismissed with out prejudice to the applicants' right to submit a new application within ten days from the date of these presents.
For example, the text of the decision the validity of which is challenged.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.