Dawe v. Canada
92-T-1284
Giles A.S.P.
8/12/92
4 pp.
Motion to extend time for filing statement of claim to commence action to appeal under Customs Act, s. 135(1) -- Minister's decision, dated March 31, 1992, mailed to applicant's former address -- Although applicant had written to Minister on letterhead showing new address, not specifically mentioning change -- Applicant's solicitors received copy of decision and advised applicant of content on April 16 -- On July 14 applicant's solicitors advised Minister instructed to file appeal -- On July 21 attempted to file statement of claim, but Registry indicating out of time -- Motion to extend filed August 20 -- Motion allowed -- Under s. 135(2), Federal Court Act and Federal Court Rules applicable to ordinary actions apply in respect of actions instituted under s. 135(1) -- Federal Court Rules necessarily apply to all aspects of action, i.e. its institution, not only after instituted -- Within Court's jurisdiction to extend time for filing appeal under s. 135 -- Crown aware appeal to be filed no more than two weeks after, and possible two days before, statement of claim should have been filed -- Crown not unduly prejudiced if leave granted to file statement of claim late -- Applicant's solicitors attempted to file statement of claim fairly promptly after so instructed, but when unable to do so faced with long vacation -- Delays in view of intervention of long vacation not significant -- Federal Court Rules, C.R.C., c. 663, R. 324 -- Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, s. 135 (as am. by S.C. 1990, c. 8, s. 49).