Canada v. Jennings

Canada v. Jennings Court (s) Database Federal Court of Appeal Decisions Date 2006-12-08 Neutral citation 2006 FCA 402 File numbers 06-A-49 Decision Content Date: 20061208 Docket: 06-A-49 Citation: 2006 FCA 402 Present: RYER J.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF FISHERIES AND OCEANS (The Minister), THE ATTORNEY GENERAL OF CANADA (The Attorney General) APPLICANT and RICHARD JENNINGS, SYL MacDONALD, DONALD JOHNSTON, ROBERT JENKINS, SEPTIMUS MacPHEE, BRIAN MacPHEE AND ERNIE GALLANT, all of whom are fishermen from Prince Edward Island. RESPONDENTS Motion dealt with in writing without appearance of parties Order delivered at Ottawa, Ontario, on December 8, 2006. REASONS FOR ORDER BY: RYER J.A. Date: 20061208 Docket: 06-A-49 Citation: 2006 FCA 402 Present: RYER J.A. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF FISHERIES AND OCEANS (The Minister), THE ATTORNEY GENERAL OF CANADA (The Attorney General) APPLICANT and RICHARD JENNINGS, SYL MacDONALD, DONALD JOHNSTON, ROBERT JENKINS, SEPTIMUS MacPHEE, BRIAN MacPHEE AND ERNIE GALLANT, all of whom are fishermen from Prince Edward Island. RESPONDENTS REASONS FOR ORDER RYER J.A. [1] A motion was placed before me seeking an extension of time for the filing of a Notice of Appeal, pursuant to Rule 8 of the Federal Courts Rules at paragraph 27(2)(a) of the Federal Courts Act. [2] Both parties agreed that the test set forth in Canada (Attorney General) v. Hennelly, [1999] F.C.J. No. 846 (F.C.A.) should govern the outcome of an application for an extension of time such as this one. In that decision, McDonald J.A. stated: The proper test is whether the applicant has demonstrated 1. a continuing intention to pursue his or her application; 2. that the application has some merit; 3. that no prejudice to the respondent arises from the delay; and 4. that a reasonable explanation for the delay exists. [3] Having reviewed the materials that were filed, I am not satisfied that the Applicant has established a reasonable explanation for the delay in the filing of the Notice of Appeal. Accordingly, the application will be dismissed, with costs. "C. Michael Ryer" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: 06-A-49 STYLE OF CAUSE: HER MAJESTY THE QUEEN IN RIGHT OF CANADA AS REPRESENTED BY THE MINISTER OF FISHERIES AND OCEANS (The Minister), THE ATTORNEY GENERAL OF CANADA (The Attorney General) APPLICANT and RICHARD JENNINGS, SYL MacDONALD, DONALD JOHNSTON, ROBERT JENKINS, SEPTIMUS MacPHEE, BRIAN MacPHEE AND ERNIE GALLANT, all of whom are fishermen from Prince Edward Island. RESPONDENTS MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: RYER J.A. DATED: December 8, 2006 WRITTEN REPRESENTATIONS BY: Jessica Harris FOR THE APPLICANT Gerald J. Lizotte, Q.C. FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa FOR THE APPLICANT Godin, Lizotte, Robichaud, Guignard Shippigan, New Brunswick FOR THE RESPONDENT