Berrada v. WestJet

Berrada v. WestJet

Extension denied because, although applicant demonstrated continuing intention, absence of prejudice and provided a reasonable explanation for delay, he failed to show that the proposed judicial review had a reasonable chance of success; he offered no specific criticism that the Commission's decision was unreasonable or perverse, and the Court will not reweigh evidence or substitute its view for the Commission's assessment.

Citation
2015 FC 539
Parties
Moving Party / Applicant: Faouzi Berrada; Respondent: WestJet
Court
Federal Court
Jurisdiction
Canada
Judgment Date
27 April 2015
Procedural Posture
Application for Judicial Review of Canadian Human Rights Commission Decision / Motion for an Extension of Time to File Judicial Review (dismissed)
Outcome
Motion for an extension of time dismissed
Legal Topics
Extension of Time, Judicial Review, Reasonableness Standard, Discrimination (race/religion/language), Role of Administrative Agency
Source Language
English
Human Rights Law Administrative Law Aviation Law Procedural Law Extension of Time Judicial Review Reasonableness Standard Discrimination (race/religion/language) +1 more

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Parties

Faouzi Berrada

Moving Party / Applicant

WestJet

Respondent

Procedural Posture

Application for Judicial Review of Canadian Human Rights Commission Decision / Motion for an Extension of Time to File Judicial Review (dismissed)

Legal Issues

  1. 1 Whether an extension of time to file for judicial review should be granted under section 18.1 of the Federal Courts Act
  2. 2 Whether the proposed judicial review has a reasonable chance of success (i.e. whether the Commission's decision was unreasonable)
  3. 3 Whether the applicant provided a reasonable explanation for delay

Ratio Decidendi

Extension denied because, although applicant demonstrated continuing intention, absence of prejudice and provided a reasonable explanation for delay, he failed to show that the proposed judicial review had a reasonable chance of success; he offered no specific criticism that the Commission's decision was unreasonable or perverse, and the Court will not reweigh evidence or substitute its view for the Commission's assessment.

Court Disposition

Motion for an extension of time dismissed

Orders

  • Motion for an extension of time dismissed, without costs.