Case information
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34058
Esper Powell v. United Parcel Service
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-05-18 | Close file on Leave | |
| 2011-05-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-05-13 | Judgment on leave sent to the parties | |
| 2011-05-12 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-491-09, 2010 FCA 286, dated October 28, 2010, is dismissed with costs. The request for special costs award is denied. Dismissed, with costs |
|
| 2011-05-12 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2011-04-04 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2011-04-04 | Submission of motion to extend time to file and/ or serve the leave application, CJ Abe Cro | |
| 2011-02-15 | Book of authorities | United Parcel Service |
| 2011-02-15 | Respondent's response on the application for leave to appeal, Completed on: 2011-02-15 | United Parcel Service |
| 2011-01-27 | Correspondence received from, Diana J. Powell, dated Jan.27/11, by fax, Re: form 25B | Esper Powell |
| 2011-01-26 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-01-18 | Correspondence received from, Ernest J. Guiste, Re: consent from respondent to motion for ext. of time | Esper Powell |
| 2011-01-18 | Book of authorities | Esper Powell |
| 2011-01-18 | Motion to extend the time to file and or serve the application for leave to appeal, included in the application, Completed on: 2011-01-18 | Esper Powell |
| 2011-01-18 | Application for leave to appeal, Form 25B missing (rec'd by fax Jan.27/11), Completed on: 2011-01-27 | Esper Powell |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Powell, Esper | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| United Parcel Service | Respondent | Active |
Counsel
Party: Powell, Esper
Counsel
700 Bay Street, Suite 6060
Box 130
Toronto, Ontario
M5G 1Z6
Telephone: (416) 364-8908
FAX: (416) 364-0973
Email: ejguiste@yahoo.com
Party: United Parcel Service
Counsel
Nafisah Chowdhury
40 King Street West, Suite 5800
P.O. Box 1011
Toronto, Ontario
M5H 3S1
Telephone: (416) 595-8588
FAX: (416) 595-8695
Email: dbest@millerthomson.com
Summary
Keywords
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Summary
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.
Administrative law — Judicial review — Procedure — Extension of time — Applicant six months late in filing application for judicial review — Whether lower courts erred in denying extension of time to file application for judicial review — Whether lower courts sufficiently considered applicant’s impecunious and mentally distressed circumstances — Federal Courts Act, R.S.C. 1985, c. F-7, s. 18.1(2).
The applicant Esper Powell was employed by the respondent United Parcel Service (“UPS”). She brought a complaint to the Canadian Human Rights Commission alleging racial discrimination. The Commission investigator found that there was evidence to support the claim. The parties were given 60 days to reach a settlement before the matter would be sent to the Human Rights Tribunal. The Commission approved a settlement.
About six months after the period for bringing an application for judicial review of that decision expired, Ms. Powell brought a motion to the Federal Court for an extension of time to commence an application for judicial review. She argued that the delay was caused by her impecuniosity and depression following the Commission’s decision.
The Federal Court, applying Canada (Attorney General) v. Hennelly, [1999] F.C.J. No. 846 (QL) (C.A.), dismissed the motion. It was not persuaded that Ms. Powell had a continuing intention to pursue the application for judicial review, and found that she had not provided a reasonable explanation for the delay.
The Federal Court of Appeal dismissed Ms. Powell’s appeal. It found that the Federal Court was entitled to reach its conclusions and that it made no error of law in exercising its discretion. The Federal Court of Appeal also noted that although there was evidence showing that Ms. Powell had difficulty raising funds for a retainer, there was no evidence that her impecuniosity prevented her from preparing and filing a timely notice of application.
Lower court rulings
Federal Court
09-T-61
Motion for an extension of time to serve and file a notice of application for judicial review dismissed
Federal Court of Appeal
A-491-09, 2010 FCA 286
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available