Dawe v. Canada
A-359-93
Létourneau J.A.
13/9/94
7 pp.
Appeal from Trial Division decision ((1993), 63 F.T.R. 316) granting respondent extension of time within which to file statement of claim against Minister-Respondent failing to file statement of claim within 90-day period prescribed by Customs Act, s. 135(1) -- Counsel for respondent delivering letter by courier to Minister indicating client's intention to appeal decision -- Statement of claim, drafted six days after expiry of limitation period, seeking extension of time to appeal Minister's decision and return of penalty -- Act, s. 135(2) making Federal Court Rules applicable to actions instituted within time limit established by s. 135(1) -- No statutory authority to use Rules to enlarge or abridge time prescribed therein -- Application of R.2(2) by Trial Judge contrary to clear and unambiguous decision in Westclox Canada Ltd. v. Pyrotronics of Canada Ltd., [1981] 2 F.C. 68 -- Westclox case binding law, subsequently followed -- RR. 3(1)(c), 6, 302 having no application herein -- Limitation periods dictated by fundamental principles relating to efficient and proper administration of justice -- Cannot be waived or extended in absence of clear statutory provision -- Rules of Court cannot be used to enlarge or abridge time prescribed by statute -- Limitation period of 90 days long and reasonable one -- Ample time for respondent to comply with requirement of Act -- Mere notice of intention to bring action not tantamount to actual bringing of action -- Act, s. 135(1) requiring statement of claim against Minister's decision be filed within time limit -- Appeal allowed -- Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, s. 135 (as am. by S.C. 1990, c. 8, s. 49) -- Federal Court Rules, C.R.C., c. 663, RR. 2, 3, 6 (as enacted by SOR/90-846, s. 2), 302.