Dawe v. Canada
92-T-1284
Jerome A.C.J.
28/5/93
6 pp.
Appeal from decision extending time within which to file statement of claim appealing decision of M.N.R. affirming penalty paid for violation of Customs Act -- Ninety days to appeal Minister's decision under Customs Act, s. 135(1) -- S. 135(2) providing Federal Court Act and Federal Court Rules applicable to ordinary actions applying to action instituted under s. 135(1) -- Associate Senior Prothonotary holding Federal Court Rules applying to all aspects of action, including institution thereof -- Crown arguing since action never commenced by statement of claim, s. 135 neither conferring discretion on Court to extend appeal period nor giving Court jurisdiction to employ Rules to extend ninety-day limit -- Appeal dismissed -- S. 135, by making express reference to Federal Court Rules rendering them applicable to all elements of action originating thereunder, including commencement -- Court ought to be reluctant to deny access to judicial resolution of dispute, particularly with Crown, solely on procedural grounds -- As substantial monetary penalty involved, manifestly unjust to give actions of Customs officials force of law without access to Court's review -- Always respondent's intention to appeal and Minister aware of intention -- Delay not resulting from failure to act, but from misunderstanding between respondent and solicitors -- No prejudice to Minister if leave granted -- Federal Court Rules, C.R.C., c. 663, RR. 2, 6 (as enacted by SOR/90-846, s. 2), 302 -- Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, ss. 131, 135 (as am. by S.C. 1990, c. 8, s. 49).