Carlile v. Canada
A-486-93
Mahoney J.A.
18/8/93
3 pp.
Trial Judge rendering oral decision, reasons February 24, 1993 -- Oral reasons transcribed, transmitted to Judge -- Not filed notwithstanding mandatory requirement of Federal Court Act, s. 51 copy of reasons be filed in Court Registry -- Appellant filed for reconsideration -- On July 21 Trial Judge filing written reasons, judgment by which dismissed appeal "in accordance with the oral reasons for judgment given from the Bench and the written reasons filed herein on this day" -- On August 4 appellant filed notice of appeal against judgment delivered February 24 and written reasons filed July 21 -- R. 337(1) providing Court may dispose of any matter (a) by delivering judgment from bench before conclusion of hearing, or (b) after reserving judgment at conclusion of hearing by depositing document in Registry in manner provided by paragraph (2) -- Written judgment filed July 21 redundant nullity -- Judgment not reserved -- Judgment delivered from bench as contemplated by R. 337(1)(a) -- R. 337(2) not engaged -- Federal Court of Appeal having no jurisdiction but that bestowed by statute -- Jurisdiction to entertain appeals from Trial Division given by s. 27(1) -- No jurisdiction to entertain appeal from reasons for judgment -- Time to appeal final judgment rendered February 24 expired long before notice of appeal filed -- Trial Division having jurisdiction to extend time -- Proceedings stayed for up to 60 days to give appellant opportunity to seek necessary extension of time and to appeal should it be refused -- If extension granted, filing of notice of appeal and content can be regularized by nunc pro tunc order, saving appellant time, effort and expense -- Federal Court Rules, C.R.C., c. 663, R. 337 -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 27 (as am. by S.C. 1990, c. 8, s. 7), 51.