Telecommunications Workers Union v. Telus Mobility

Telecommunications Workers Union v. Telus Mobility

The Notice of Appeal, which detailed twelve alleged errors, was sufficient on the facts to show an arguable appeal; the applicant demonstrated special circumstances (misunderstanding about the Christmas recess communicated by the Registry); and, weighing all factors, the interests of justice required granting an extension of time to file the Notice of Appeal under s.27(2).

Citation
2003 FCT 253
Parties
Applicant: Telecommunications Workers Union; Respondent: Telus Mobility
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 February 2003
Procedural Posture
Appeal Extension Motion / Motion Decided on Written Submissions
Outcome
Extension of time granted to file Notice of Appeal
Legal Topics
Extension of Time, Computation of Time, Appeal Period, Christmas Recess, Notice of Appeal Sufficiency
Source Language
English
Civil Procedure Administrative Law Appeals Federal Court Practice Extension of Time Computation of Time Appeal Period Christmas Recess +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Telecommunications Workers Union

Applicant

Telus Mobility

Respondent

Procedural Posture

Appeal Extension Motion / Motion Decided on Written Submissions

Legal Issues

  1. 1 Whether to extend time for filing an appeal under s.27(2) of the Federal Court Act
  2. 2 Whether a Notice of Appeal alone discloses an arguable issue sufficient to justify an extension
  3. 3 Whether the Christmas recess is excluded from the 30-day appeal period in s.27(2)

Ratio Decidendi

The Notice of Appeal, which detailed twelve alleged errors, was sufficient on the facts to show an arguable appeal; the applicant demonstrated special circumstances (misunderstanding about the Christmas recess communicated by the Registry); and, weighing all factors, the interests of justice required granting an extension of time to file the Notice of Appeal under s.27(2).

Court Disposition

Extension of time granted to file Notice of Appeal

Orders

  • The applicant's motion for an extension of time to file its Notice of Appeal is granted.