Sharma v. Canada
T-2336-93
MacKay J.
17/3/94
6 pp.
Application to strike statement of claim pursuant to Federal Court R. 419(1)(a) on ground disclosing no reasonable cause of action -- Defendant obtained leave to file conditional appearance, order extending time to file statement of defence -- Customs officer seizing plaintiff's jewellery, worn openly but not declared, on return from India where married and jewellery fabricated for wedding with gold purchased in Canada -- Plaintiff notified jewellery to be released on payment of $987.35 within ninety days of date of notice -- Plaintiff assumed had ninety days from day received notice, but s. 149 providing where notice given by mail, deemed given date of mailing of notice (date thereof) and s. 135(1) limiting time for filing appeal to ninety days after notification of decision -- Court lacking jurisdiction to extend time for filing appeal -- Statement of claim to initiate appeal of Minister's decision out-of-time -- Application allowed -- Federal Court Rules, C.R.C., c. 663, R. 419(1)(a) -- Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, ss. 12, 135(1) (as am. by S.C. 1990, c. 48, s. 9), 149.