Reynolds v. Canada ( Minister of Foreign Affairs )
A-351-93
Strayer, Décary and Robertson JJ.A.
4/12/95
4 pp.
Appeals from Trial Division orders dismissing applications for extension of time to file applicant's record, judicial review applications-Possible merit of application relevant to extensions of time for taking steps in judicial review application-Substantial material as to merits before Trial Judges, including material from Canadian Human Rights Commission, opinion of outside counsel consulted with view to obtaining legal aid-On material, open to judges to conclude highly unlikely applications could succeed-Extensions of time could properly have been refused on that ground alone-Judicial review applications dismissed because of unexcused failure by applicant to file application record in time-Bellefeuille v. Canadian Human Rights Commission et al. (1994), 172 N.R. 401 (F.C.A.) distinguished-Applicant having opportunity to justify delay through motion for extension of time-Court neither persuaded extension of time should be granted nor waiving requirement of application record, Motions Judges entitled to exercise inherent power to dismiss applications because vital step neither taken in time nor waived by Court-Federal Court Rules, C.R.C., c. 663, R. 1619 (as am. by SOR/92-43, s. 19).