2 total
Appellant's motion to amend Notice of Appeal dismissed for lacking a reasonable prospect of success.
The appellant brought a motion to amend its Notice of Appeal under Rule 75 of the Federal Court Rules.
The respondent requested that the motion be dismissed and the Notice of Appeal be struck.
The Court dismissed the motion to amend, finding the appellant failed to establish a reasonable prospect of success due to bald statements and prior jurisprudence regarding administrative delegation.
The Court also denied the respondent's request to strike the Notice of Appeal, as the high threshold was not met.
Costs of $800 were awarded to the respondent.
Motion for extension of time to file Application Record dismissed; underlying judicial review application dismissed.
The applicant sought an extension of time to file the Application Record for an underlying application for leave and judicial review challenging the refusal of a study permit.
The motion was supported only by an affidavit from a legal clerk, which lacked a reasonable explanation for the full delay and failed to establish a continuing intention to pursue the proceeding.
The court found that the interests of justice militated against granting the extension.
The motion for an extension of time was dismissed, and consequently, the underlying application for leave and judicial review was also dismissed for delay.
