Boshra v. Canadian Association of Professional Employees
The motion was dismissed because the applicant did not demonstrate that the corrected date was material or that the supplementary affidavit would assist the court, and leave to file supplementary affidavits is granted sparingly.
Source-derived case information.
- Citation
- 2010 FCA 72
- Parties
- Applicant: Sameh Boshra; Respondent: Canadian Association of Professional Employees (CAPE)
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 10 March 2010
- Procedural Posture
- Judicial Review (labour/administrative) / Motion for Leave to File a Supplementary Affidavit in Support of Application for Judicial Review
- Outcome
- Motion dismissed with costs.
- Legal Topics
- Duty of Fair Representation, Supplementary Affidavit, Leave to File Affidavit, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sameh Boshra
Applicant
Canadian Association of Professional Employees (CAPE)
Respondent
Procedural Posture
Judicial Review (labour/administrative) / Motion for Leave to File a Supplementary Affidavit in Support of Application for Judicial Review
Legal Issues
- 1 Whether leave should be granted to file a supplementary affidavit
- 2 Whether the corrected date is material to the issues before the court
- 3 Whether the supplementary affidavit would assist the court in determining the issues
Ratio Decidendi
The motion was dismissed because the applicant did not demonstrate that the corrected date was material or that the supplementary affidavit would assist the court, and leave to file supplementary affidavits is granted sparingly.
Court Disposition
Motion dismissed with costs.
Orders
- Motion for leave to file a supplementary affidavit dismissed
- Costs awarded to the respondent
Full Case Text
Judgment text and source record
1 paragraphs
Boshra v. Canadian Association of Professional Employees Court (s) Database Federal Court of Appeal Decisions Date 2010-03-10 Neutral citation 2010 FCA 72 File numbers A-368-09 Decision Content Date: 20100310 Docket: A-368-09 Citation: 2010 FCA 72 Present: PELLETIER J.A. BETWEEN: SAMEH BOSHRA Applicant and CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES (CAPE) Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on March 10, 2010. REASONS FOR ORDER BY: PELLETIER J.A. Date: 20100310 Docket: A-368-09 Citation: 2010 FCA 72 Present: PELLETIER J.A. BETWEEN: SAMEH BOSHRA Applicant and CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES (CAPE) Respondent REASONS FOR ORDER PELLETIER J.A. [1] The applicant, Sameh Boshra, seeks to file a supplementary affidavit in support of his application of judicial review of the decision of the Public Service Labour Relations Board dismissing his complaint that his union, the respondent Canadian Association of Professional Employees, failed to adequately represent him. [2] The supplementary affidavit purports to correct inaccuracies in the affidavit filed by the respondent as to the date when the respondent became aware of the applicant’s complaint. What is not clear from the material provided is the significance of this date. The applicant’s motion record does not contain written representations in support of his motion but he has filed a lengthy reply in which he seeks to rebut the arguments made by the respondent. None of this explains why the date is material. [3] Given that leave to file supplementary affidavits is to be granted sparingly (see Mazhero v. Canada (Industrial Relations Board), 2002 FCA 295), I do not see how granting leave to file this supplementary affidavit will assist the Court in determining the issues between the parties, principally because Mr. Boshra has not told the Court how it will do so. [4] As a result, the motion for leave to file a supplementary affidavit is dismissed with costs. "J.D. Denis Pelletier" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-368-09 STYLE OF CAUSE: SAMEH BOSHRA and CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES (CAPE) MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: PELLETIER J.A. DATED: MARCH 10, 2010 WRITTEN REPRESENTATIONS BY: MELYNDA E.A. LAYTON FOR THE APPLICANT FIONA CAMPBELL FOR THE RESPONDENT SOLICITORS OF RECORD: LAYTON LAW OFFICES OTTAWA, ONTARIO FOR THE APPLICANT SACK GOLDBLATT MITCHELL LLP OTTAWA, ONTARIO FOR THE RESPONDENT