PRACTICE |
Variation of Time |
Footlocker Group Canada Inc. v. Steinberg
T-2094-02
2003 FCT 602, Tabib P.
20/5/03
5 pp.
In context of notice of application on appeal from Registrar of Trade-marks' decision, applicant seeking extension of time in which to file record--Application allowed, time to file extended seven days from date of order--Criteria for granting extension set out in Canada (Attorney General) v. Hennelly (1999), 244 N.R. 399 (F.C.A.): continuing intention to pursue application; application has some merits; no prejudice to respondent from delay; reasonable explanation for delay--In spite of some case law rejecting inadvertence of counsel as reasonable explanation for delay, inadvertence may take many forms and each must be considered on merits--Circumstances of each case play important role in Court's assessment of whether inadvertent error can be excused--Here, both parties represented by sophisticated, experienced counsel, of whom one would expect certain level of professional courtesy, and more importantly, economy of proceeding consistent with achieving best interest of client--Respondent's opposition to applicant's motion herein, for minor delay clearly explained by genuine inadvertence in entering deadline in counsel's diary system, has displayed neither--Applicant has met criteria for extension of time.