A-769-77
Deputy Attorney General of Canada (Applicant)
v.
Van Dale, Inc. (Respondent)
Court of Appeal, Jackett C.J., Urie and Le Dain
JJ.—Ottawa, February 16, 1978.
Judicial review — Postal services — Application to set aside
order made by Trial Division Judge under Postal Services
Interruption Relief Act — Unexplained delay of about 48
hours in delivery of special delivery letter — No evidence of
interruption except delay — Whether or not mishandling of
letter included in expression "interruption of normal postal
services" — Postal Services Interruption Relief Act, R.S.C.
1970, c. P-15, s. 2 — Federal Court Act, R.S.C. 1970 (2nd
Supp.), c. 10, s. 28.
APPLICATION for judicial review.
COUNSEL:
E. A. Bowie and R. W. Côté for applicant.
W. Charles Kent for respondent.
SOLICITORS:
Deputy Attorney General of Canada for
applicant.
Burke-Robertson, Chadwick & Ritchie,
Ottawa, for respondent.
The following are the reasons for judgment
delivered orally in English by
JACKETT C.J.: This is a section 28 application to
set aside an order (decision) made by a Judge of
the Trial Division under the Postal Services Inter
ruption Relief Act, R.S.C. 1970, c. P-15.
The question that arises is whether an unex
plained delay of approximately 48 hours in deliver
ing a special delivery letter may be regarded as
being the "result of any ... interruption of normal
postal services in Canada ... however caused"'
within the meaning of those words in section 2 of
that Act in the absence of any evidence, other than
that delay, of an interruption of normal postal
services.
If that question is answered in the negative, the
order attacked must be set aside.
In my view, the expression "interruption of
normal postal services" does not include the
"mishandling" of one letter whether or not it was
sent "special delivery".
I am, therefore, of opinion that the section 28
application should be allowed and that the order
(decision) referred to in the section 28 application
should be set aside.
* * *
URIE J. concurred.
* * *
LE DAIN J. concurred.
I Section 2 reads as follows:
2. Where as a result of the interruption of normal postal
services that occurred between the 22nd day of July and the
7th day of August 1965 or where as a result of any subse
quent interruption of normal postal services in Canada of
more than forty-eight hours duration however caused, a
person has suffered loss or hardship by reason of his failure
to comply with any time requirement or period of limitation
contained in any law of Canada, he may, on fourteen days
notice in writing to the Deputy Attorney General of Canada
and to any other person who he has reason to believe may be
affected by any order made pursuant to section 3 as a result
of an application by him under this section, apply to a judge
of the Federal Court of Canada for relief.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.