Canada Judgment

Federal Court

Utovac v. Canada (Treasury Board)

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01

Holding and result

Because the Deputy Head reconsidered, cancelled the original decision and ordered a new de novo hearing, the first judicial review application was moot; the appeal of the Prothonotary's refusal to extend time is dismissed, but the applicant may seek costs related to the first application as decided by the Prothonotary.

Court disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Applicant permitted to seek costs related to the first (now moot) judicial review application as determined by the Prothonotary

02

Material facts

Parties

Antun Utovac

Applicant Counsel: Mr. Antun Utovac

Her Majesty the Queen in Right of Canada as represented by Treasury Board

Respondent Counsel: Mr. Richard Fader

03

Procedural history

  1. Posture

    Judicial Review / Appeal From Prothonotary's Refusal to Extend Time for Cross Examination

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant argued the Prothonotary should have granted an extension of time to permit cross-examination of the affidavit deponent and that the matter should proceed.
Respondent
Respondent argued the Deputy Head had reconsidered and cancelled the impugned decision, ordered a new hearing rendering the first application moot and opposing an extension of time.

05

Court’s reasoning

  1. 01

    Federal Court practice and mootness doctrine

    Court may decline relief in respect of a moot matter

  2. 02

    Federal Court practice/discretion

    Prothonotary has discretion to grant or refuse extensions of time under the court's procedural rules

  3. 03

    Prothonotary's determinations and court practice

    Costs may be awarded for proceedings that become moot where appropriate

06

Ratio, limits and disposition

Ratio decidendi

Because the Deputy Head reconsidered, cancelled the original decision and ordered a new de novo hearing, the first judicial review application was moot; the appeal of the Prothonotary's refusal to extend time is dismissed, but the applicant may seek costs related to the first application as decided by the Prothonotary.

Obiter and limits

  • A new Classification Review Committee hearing de novo was held on June 29, 2004
  • A subsequent determination arising from the new hearing is the subject of another judicial review application

Court disposition

Appeal dismissed

  • Appeal dismissed with costs
  • Applicant permitted to seek costs related to the first (now moot) judicial review application as determined by the Prothonotary

Source and reliance status

Federal Court · 18 November 2004

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Judgment text

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Source document

Federal Court

Judgment· 18 November 2004

2004 FC 1615

Utovac v. Canada (Treasury Board) Court (s) Database Federal Court Decisions Date 2004-11-18 Neutral citation 2004 FC 1615 File numbers T-732-04 Decision Content Date: 20041118 Docket: T-732-04 Citation: 2004 FC 1615 BETWEEN:

ANTUN UTOVAC Applicant - and -

HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by TREASURY BOARD Respondent

REASONS FOR ORDER PINARD J.: [1] The applicant appeals the discretionary decision of Madam Prothonotary Aronovitch, dated November 1st, 2004, refusing to grant him an extension of time for the cross-examination of the deponent of an affidavit filed on behalf of the respondent. [2] The underlying judicial review application arises out of a decision rendered by Mr. Gilles Carpentier, the Deputy Head's Nominee for Classification Grievances, on March 10, 2004. The same day that the applicant served and filed his affidavit in support of his application for judicial review, the Deputy Head wrote to him indicating that he had reconsidered his position, cancelled the decision and ordered a new hearing. A new Classification Review Committee was set up and a hearing de novo took place on June 29, 2004. A new determination has since been made and is now also the subject of a judicial review application brought by the applicant. [3] In the circumstances, I find that the first application for judicial review is moot and that the applicant must be allowed an opportunity to seek the costs related thereto, as decided by the Prothonotary. [4] Consequently, the applicant's motion (appeal) is dismissed, with costs.

JUDGE OTTAWA, ONTARIO November 18, 2004

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-732-04 STYLE OF CAUSE: ANTUN UTOVAC v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA as represented by TREASURY BOARD PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: November 18, 2004 REASONS FOR ORDER: The Honourable Mr. Justice Pinard DATED: November 18, 2004 APPEARANCES: Mr. Antun Utovac THE APPLICANT ON HIS OWN BEHALF Mr. Richard Fader FOR THE RESPONDENT SOLICITORS OF RECORD: Antun Utovac THE APPLICANT ON HIS OWN BEHALF Ottawa, Ontario Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Ottawa, Ontario

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