Date: 20050602
Docket: A-548-04
Citation: 2005 FCA 214
CORAM : DESJARDINS J.A.
BETWEEN:
MICHAEL CAPOBIANCO
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, on June 2, 2005.
Judgment delivered from the bench at Montréal, Quebec, on June 2, 2005.
REASONS FOR JUDGMENT OF THE COURT : PELLETIER J.A.
Date: 20050602
Docket: A-548-04
Citation: 2005 FCA 214
CORAM : DESJARDINS J.A.
BETWEEN:
MICHAEL CAPOBIANCO
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on June 2, 2005
[1] Despite the circumstances brought to our attention by appellant's counsel, we are compelled to dismiss this appeal of a discretionary decision not to grant the extension of time sought by the appellant but, under the circumstances, without costs.
"J.D. Denis Pelletier"
J.A.
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-548-04
Appeal of the order made by the Honourable Mr. Justice Yvon Pinard of the Federal Court, on September 13, 2004, following a decision by Prothonotary Richard Morneau dated August 19, 2004, dismissing the appellant's motion for an extension of time.
STYLE OF CAUSE: Michael Capobianco v. Attorney General of Canada
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 2, 2005
REASONS FOR JUDGMENT OF THE COURT: Desjardins, Décary and Pelletier JJ.A.
DELIVERED FROM THE BENCH BY: PELLETIER J.A.
APPEARANCES:
|
Michel Aubin |
FOR THE APPELLANT
|
|
Dominique Guimond |
FOR THE RESPONDENT
|
SOLICITORS OF RECORD :
|
Michel Aubin Montréal, Quebec
|
FOR THE APPELLANT
|
|
John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec
|
FOR THE RESPONDENT |