Gilles Benoit, Marcel Baillargeon (Applicants)
v.
The Public Service Commission of Canada and
Michel P. Archambault (Respondents)
Court of Appeal, Pratte J.—Ottawa, September
25, 1973.
Practice and procedure—Application for extension of time
for judicial review—Where made after 10 days of decision—
Material required on motion—Rule 1107.
An application under Rule 1107 for an extension of time
for judicial review of a decision, if not made within ten days
of the decision, must be accompanied by material to enable
the Court to decide whether the applicant has an arguable
case.
APPLICATION.
COUNSEL:
Rule 1107 of the Federal Court.
SOLICITORS:
Lapointe, Rosenstein, White, Lemaitre -Aug
er and Konigsberg, Montreal, for applicants.
Deputy Attorney General of Canada for
respondents.
PRATTE J.—This is an application for an
extension of time submitted in accordance with
Rule 1107. The applicants propose to file a
section 28 application against a decision of an
appeal committee established under the Public
Service Employment Act, R.S.C. 1970, c. P-32.
As the ten-day period in which under section
28(2) they could have made their application
has now expired, the applicants are asking for
an extension.
Without consenting to the application, the
respondents indicated that they had no submis
sion to make.
For the Court to allow an application of this
nature it is not sufficient that it be of the opin
ion that the applicant had valid reasons not to
file the section 28 application within the time
specified by the statute. The Court must in
addition be satisfied that the section 28 applica
tion that the applicant intends to make is not
frivolous. The Court is unable to rule on this
point if the application for an extension of time
is not accompanied by the material or other'
evidence needed to determine whether the
applicant has an arguable case.
In the case at bar, there is nothing in the
record to indicate whether the remedy the appli
cants seek to exercise is, or is not, frivolous.
The application is accordingly dismissed with
out prejudice to the applicants' right to submit a
new application within ten days from the date of
these presents.
For example, the text of the decision the validity of
which is challenged.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.