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Date: 20031125

Docket: 03-A-44

Citation: 2003 FCA 445

                                                                             

Present:           THE HONOURABLE MR. JUSTICE PELLETIER

BETWEEN:

                                                          ALAIN LAURENDEAU

                                                                                                                                            Applicant

                                                                           and

                                         THE ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

                                  Written motion decided without appearance by the parties.

                                Order delivered at Ottawa, Ontario, on November 25, 2003.

REASONS FOR ORDER:                                                                                             PELLETIER J.


Date: 20031125

Docket: 03-A-44

Citation: 2003 FCA 445

Present:           THE HONOURABLE MR. JUSTICE PELLETIER

BETWEEN:

                                                          ALAIN LAURENDEAU

                                                                                                                                            Applicant

                                                                           and

                                         THE ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

                                                        REASONS FOR ORDER

PELLETIERJ.

[1]                The applicant is asking for an extension of time to file an application for judicial review of a decision by an umpire under the Employment Insurance Act, dated July 14, 2000.


[2]                The jurisprudence is consistent: when a party moves for an extension of time, a valid explanation must be provided to justify the delay - the entire period of the delay - in filing an application for judicial review. Secondly, the moving party must persuade the Court that there are reasonable grounds to believe that the application for judicial review is well-founded. See Tarsen Singh Grewal v. Minister of Employment and Immigration, [1985] 2 F.C. 263 (F.C.A.).

[3]                The moving party's explanation for the delay in filing his application for judicial review is insufficient because it does not offer any explanation as to why, over a three-year period, he was content not to do anything to advance his appeal. This is not explained by the fact that he was still waiting for additional information from the assistant registrar at the Office of the Umpire.

[4]                What is still more important for the purposes of his motion, however, is the absence of any reason that would suggest that his application for judicial review is well-founded. He has not put forward any grounds that would warrant the intervention of this Court in the matter of the Umpire's refusal to grant his application to amend under section 120 of the Employment Insurance Act.

[5]                For these reasons, the application for an extension of time is dismissed with costs.

         "Denis Pelletier"        

Judge                 

Certified true translation

Kelley A. Harvey, BA, BCL, LLB


                                                  FEDERAL COURT OF APPEAL

                                                                             

                                                      SOLICITORS OF RECORD

DOCKET:                                                03-A-44

STYLE OF CAUSE:              ALAIN LAURENDEAU

and

THE ATTORNEY GENERAL OF CANADA

WRITTEN MOTION EXAMINED WITHOUT APPEARANCE OF THE PARTIES

REASONS FOR ORDER:                     THE HONOURABLE MR. JUSTICE PELLETIER

DATE OF REASONS:                            November 25, 2003

WRITTEN REPRESENTATIONS BY:

Alain Laurendeau                                                      Representing himself

Pauline Leroux                                                           For the respondent

SOLICITORS OF RECORD:

Alain Laurendeau                                                      Representing himself

Montréal, Quebec

Morris Rosenberg

Deputy Attorney General of Canada                         For the respondent

Montréal, Quebec

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