Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Procedural law- Judgments and orders- Whether the Federal Court of Appeal erred in dismissing the Applicant's application (an extension of time to file a Notice of Appeal) for abuse of process.

The Applicant sought damages, along with other relief against the Respondents. He alleged that the Respondents illegally seized monies from his bank account. Hugessen J. found that the Applicant had repeatedly failed to provide proper answers to undertakings and to produce documents as required. He further noted that orders from the Federal Court appeared to have had no effect on the Applicant. Hugessen J. granted the Respondents' motion and dismissed the Applicant's action. The Applicant then moved to have Hugessen J.'s order set aside. MacTavish J. ruled that the Applicant did not convince her that his failure to respond to the Respondents' motion to dismiss was the result of a mistake. MacTavish J. also ruled the Applicant failed to disclose a prima facie case why Hugessen J.'s order should not have been made. The Applicant then moved to have the Court reconsider MacTavish J.'s order. MacTavish J. dismissed the motion stating that the Applicant was not entitled to relief under Rules 399(2)(a) and 397(1) of the Federal Courts Rules and there was no new evidence that would justify her reconsidering her previous decision. The Applicant then sought to have an extension of time to file a Notice of Appeal against the second decision of MacTavish J. The Federal Court of Appeal dismissed the motion stating that the Applicant's behaviour was an abuse of process of the Court.