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Khaper v. Canada
T-2763-92
Blais J.
20/12/99
12 pp.
Motion by plaintiff to convert action to application for judicial review and for order granting extension of time to file application for judicial review--Action arising out of resignation from RCMP, refusal by RCMP to allow withdrawal of resignation--Moving party seeking judicial review of two decisions by RCMP: (a) to seek resignation on June 12, 1992; (b) to refuse on July 24, 1992 application to withdraw resignation--Federal Court Act, s. 18.4(2) allowing Court to convert application for judicial review to action--Act silent as to whether action can be converted to application for judicial review--R. 57 can be applied to convert action to judicial review application--Moving party should have filed application for judicial review instead of action--Irregularity could be remedied--Court not convinced extension of time should be allowed--According to Grewal v. Minister of Employment and Immigration, [1985] 2 F.C. 263, moving party must demonstrate intention, formulated within time limit, to take proceedings; existence of arguable case; cause, actual length of delay; whether prejudice caused by delay--Moving party failing to demonstrate existence of arguable case--Application dismissed-- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.4 (as enacted by S.C. 1990, c. 8, s. 5)--Federal Court Rules, 1998, SOR/98-106, r. 57.