Klevering v. Canada (Attorney General)
The appeal was dismissed because the appellant failed to establish circumstances that would justify setting aside or varying the motions judge's earlier order; therefore the motions judge did not err in law.
Source-derived case information.
- Citation
- 2002 FCA 267
- Parties
- Appellant: (Brother) Kornelis Klevering; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 20 June 2002
- Procedural Posture
- Appeal From Federal Court (motion Concerning Judicial Review) / Appeal to the Federal Court of Appeal Under S.27 of the Federal Court Act
- Outcome
- Appeal dismissed without costs.
- Legal Topics
- Rescission of Order, Extension of Time, Motions to Vary, Setting Aside Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
(Brother) Kornelis Klevering
Appellant
The Attorney General of Canada
Respondent
Procedural Posture
Appeal From Federal Court (motion Concerning Judicial Review) / Appeal to the Federal Court of Appeal Under S.27 of the Federal Court Act
Legal Issues
- 1 Whether the motions judge erred in law by refusing to rescind or vary his earlier order
- 2 Whether circumstances existed to justify setting aside an order dismissing a motion for extension of time and an application for judicial review
Ratio Decidendi
The appeal was dismissed because the appellant failed to establish circumstances that would justify setting aside or varying the motions judge's earlier order; therefore the motions judge did not err in law.
Court Disposition
Appeal dismissed without costs.
Orders
- Appeal dismissed without costs
Full Case Text
Judgment text and source record
1 paragraphs
Klevering v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2002-06-20 Neutral citation 2002 FCA 267 File numbers A-500-00 Decision Content Date: 20020620 Docket: A-500-00 Neutral citation: 2002 FCA 267 CORAM: RICHARD C.J. EVANS J.A. MALONE J.A. BETWEEN: (BROTHER) KORNELIS KLEVERING Appellant - and - THE ATTORNEY GENERAL OF CANADA Respondent Heard at Toronto, Ontario, on Thursday, June 20, 2002 Judgment delivered from the Bench at Toronto, Ontario, on Thursday, June 20, 2002. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20020620 Docket: A-500-00 Neutral citation: 2002 FCA 267 CORAM: RICHARD C.J. EVANS J.A. MALONE J.A. BETWEEN: (BROTHER) KORNELIS KLEVERING Appellant - and - THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Thursday, June 20, 2002.) RICHARD C.J. [1] This is an appeal pursuant to section 27 of the Federal Court Act from the decision of Gibson J. dated July 31, 2000, dismissing the appellant's motion seeking to rescind or vary his order dated February 3, 2000 dismissing the appellant's motion for extension of time and dismissing the application for judicial review. [2] The issue before this Court is whether the motions judge erred in law by refusing to rescind his earlier decision. [3] The appellant has failed to establish circumstances that would justify setting aside or varying the order made by Gibson J. [4] Accordingly, the appeal will be dismissed without costs. "J. Richard" C.J. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-500-00 STYLE OF CAUSE: (BROTHER) KORNELIS KLEVERING Appellant - and - THE ATTORNEY GENERAL OF CANADA Respondent DATE OF HEARING: THURSDAY, JUNE 20, 2002 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON THURSDAY, JUNE 20, 2002. APPEARANCES BY: Mr. Kornelis Klevering For the Appellant, on his own behalf Mr. James Gorham For the Respondent SOLICITORS OF RECORD:Brother Kornelis Klevering 144 Arthur Street North Guelph, Ontario N1E 4V2 For the Appellant, on his own behalf Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF APPEAL Date: 20020620 Docket: A-500-00 BETWEEN: (BROTHER) KORNELIS KLEVERING Appellant - and - THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT