Delisle v. Canada ( Attorney General )
T-96-96
Morneau P.
16/9/96
6 pp.
Motion by Attorney General of Canada to have application for judicial review dismissed on ground it would never be supported by applicant's application record-Applicant filed originating notice of motion under Federal Court Act, s. 18.1-Respondent notified applicant three months later would request dismissal of application because applicant's application record not filed within time set out in Rules-Applicant made motion for order extending time to file application record in support of application for judicial review-His motion dismissed-No party at hearing specifically requested Court to determine what would happen to application for judicial review-Notice of motion under consideration referring only to R. 419, which alone cannot be used against application for judicial review-Additional reliance on RR. 5 and 1617 allowed-Rules and Court's case law consider filing of applicant's application record under R. 1606 crucial step-Applicant herein given ten days notice of striking out as required by R. 1617(2)-Striking out of application for judicial review had been in question since three months earlier when counsel for respondent wrote applicant's counsel-Respondent's motion to strike out application for judicial review allowed-Federal Court Rules, C.R.C., c. 663, RR. 5, 419, 1606, 1617 (as am. by SOR/92-43, s. 19).