Bialski v. National Research Council
94-T-9
Reed J.
16/6/94
3 pp.
Motion for extension of time to file application for judicial review under Federal Court Act, s. 18.1-Applicant missing thirty-day deadline prescribed by Federal Court Act, s. 18.1(2) due to understandable misreading of Act and Federal Court Rules -- Christmas vacation counting as part of 30 days prescribed by s. 18.1(2) -- Time limit, being prescribed by statute, cannot be modified or abrogated by subordinate legislation such as Rules of Court -- Provisions of Interpretation Act can modify or explain s. 18.1(2) as said provisions statute law, not subordinate legislation[cad 211]Juxtaposition within Federal Court Rules of two types of provisions can lead to confusion -- Applicant having demonstrated good cause for delay occurred -- Jurisdiction under s. 18.1 not depending upon whether decision of body in question made "in furtherance of federal law" but whether body making decision obtains source of jurisdiction and powers from Act of Parliament-Number of employer-employee type decisions subject of judicial review -- Application granted -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(2) (as enacted by S.C. 1990, c. 8, s. 5)-Interpretation Act, R.S.C., 1985, c. I-21 -- Federal Court Rules, C.R.C., c. 663.