928412 Ontario Ltd. v. Canada
T-170-97
MacKay J.
6/5/97
9 pp.
Application to strike out statement of claim on ground not filed within 90-day limitation period prescribed by Customs Act, s. 135-Notice of contravention of Customs Act addressed to "Satellite Supply Division", attention of Mr. David Woodall, sent by registered mail on October 30, 1996-Received November 4, 1996-On January 24, 1997 plaintiff, sending statement of claim appealing Minister's decision to Registry of Federal Court in Ottawa-Received January 30, 1997-Federal Court Act, s. 48(2) providing originating document may be filed by being forwarded by registered mail to Registry-Plaintiff stating s. 48(2) not requiring physical receipt by Registry-Submitting appeal not initiated out of time as notice of ministerial decision only physically received on November 4, 1996 and statement of claim sent by registered mail January 24, 1997-Issues dates on which statement of claim deemed filed, notice of ministerial decision deemed received-Application allowed-Plaintiff's submission untenable-"Filing" achieved on date on which received by Registry in accordance with case law, language of Federal Court Act regarding "filing"-R. 2(1) defining "file" as "file in the Registry"-Contemplating more than simple mailing by registered mail-"In the Registry" suggesting document must be received "in" Registry before considered filed-Had Parliament intended filing to have been achieved by simply sending documents by registered mail, would have said so-S. 48(2) merely offering alternate means by which individual may deliver to Registry document to be filed-R. 200(5) providing document may be filed by depositing it in office of Registry by mail, but not regarded as having been deposited until physically reaching office-R. 201 requiring maintenance of file duly stamped to show date and timing of receipt-These provisions indicating "filing" only achieved after physically received-Case law not supporting plaintiff's argument-Statement of claim not filed until received on January 30, 1997-Addressee's name used that under which plaintiff carrying on business and had been used by it in part in previous correspondence for purpose of requesting, receiving notice from Minister-Where person requesting Minister's decision pursuant to s. 131, notice of decision sent to that person by registered mail to latest known address, notice effective on date of mailing in accord with ss. 137, 149-Notice of Minister's decision given October 30, 1996-Initiation of proceedings not within 90day limitation period-Federal Court Act, R.S.C., 1985, c. F-7, s. 48-Federal Court Rules, C.R.C., c. 663, RR. 2(1) "file", 200(5), 210-Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, ss. 131 (as am. by S.C. 1993, c. 25, s. 84), 137, 149.