Date: 20021106
Docket: A-497-02
Neutral citation: 2002 FCA 434
BETWEEN:
DOROTHY B. MURRAY
Appellant
and
THE CANADIAN HUMAN RIGHTS COMMISSION
Respondent
REASONS FOR ORDER
STRAYER J.A.
[1] The matter properly before me at this time is the appellant's motion filed on October 9, 2002, asking the Court to determine the contents of the appeal book. The respondent never properly responded to the appellant's request for "input" into the content of the appeal book. Its letter of September 30, 2002 stating that it would not address this issue until a motion to add a party was disposed of was an irrelevant excuse. Further, it has failed to respond to the appellant's motion that is before me within the time permitted nor has it applied for an extension of time to do so. It now seeks an extension of time by letter without a motion and affidavit nor with the consent of the appellant.
[2] I must therefore proceed to dispose of the appellant's motion As she has failed to provide the Court with a complete list of documents that should be included in the appeal book, I will proceed on the basis that the appeal book should normally contain the material that was before the trial judge whose decision is under appeal. The purpose of an appeal is to determine if the judge made any reviewable mistake on the basis of the material before him or if he wrongly failed to admit any other material. In the absence of any other specific submissions by the appellant I believe the relevant material for inclusion in the appeal book would therefore be, as suggested by the respondent in its letter to the Court of November 1, 2002, the following material in Court file T-1733-00.
(1) The applicant's record.
(2) The record of the Attorney General of Canada
(3) The transcript of the proceeding.
Item (2) will include the applicant's letter to Mr. Chamberlain dated April 26, 2000 which she has specifically requested be included in the appeal book. The appeal book should also contain the documents specifically required by Rule 344.
[3] I will therefore direct that these form the contents of the appeal book.
(s) "B.L.Strayer"
J.A.
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-497-02
STYLE OF CAUSE: Dorothy B. Murray and The Canadian Human Rights Commission
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE STRAYER
DATED: November 6, 2002
APPEARANCES:
Ms. Dorothy B. Murray FOR THE APPELLANT
Ms. Caroline Engmann FOR THE RESPONDENT
SOLICITORS OF RECORD:
Ms. Dorothy B. Murray, self-represented
Toronto, Ontario FOR THE APPELLANT
Mr. Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT