Council of Canadians v. Canada ( Director of Investigation and Research )
T-2096-96
Cullen J.
16/12/96
5 pp.
Motion to extend time for bringing application under Federal Court Act, s. 18.1-On May 24, 1996, Director of Investigation and Research issued advance ruling certificate in respect of transaction whereby Hollinger acquired effective control of Southam Inc.-Applicant Council of Canadians, learned of transaction on May 27, 1996 but filed originating notice of motion on September 18, 1996-Co-applicant James McGillivray learned of transaction on September 5, 1996 and joined Council in issuing originating notice of motion on September 20, 1996-Issues whether justifiable delay in applicants' commencing action herein; whether, if delay justifiable, applicants have standing to bring action-Motion dismissed-Under Act, s. 18.1(2), time limit to initiate judicial review thirty days after communication of decision to party directly affected thereby, or within such further time as Trial Division judge may allow-To obtain time extension under Act, s. 18.1(2), applicant must justify delay in commencing action and establish reasonable chance of success on merits-To justify delay, applicant must show evidence of stated intent to commence application within thirty-day period-Must be continuing intention to bring application for judicial review, and, at bare minimum, applicant must show at least arguable case-Applicants' case failed on issue of justifying delay-No clear intent to commence application until September 6, 1996, well beyond 30-day limit-Same may be said for McGillivray-And obiter: neither applicant had standing as neither applicant party to any of proceedings before Director-Argument Council representing public interest weak at best-Even more difficult for McGillivray to prove standing-Will not be affected in any way different from any other member of general public-Interest and concern relative to issues raised by application do not, per se, confer requisite "standing" entitling applicants to bring application-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).