Federal Appeal


Appellant could not benefit from subsequent changes in law having not appealed order

Appellant brought motion for order requiring respondent to produce documents and to cross-examine respondent’s officials for pending judicial review. Motion was dismissed. Deputy judge was over age 75 at time of order. Appellant’s motion for reconsideration of order was dismissed. As result of court’s decision deputy judges over 75 years of age could no longer determine matters. Appellant resumed motion for reconsideration claiming deputy judge had no power to make order. Appellant never appealed order. Motion was dismissed because court did not have legal authority to grant relief sought under Rule 397 of Federal Court Rules (Can.), and order was to be taken as valid because it was never appealed. Appeal dismissed. Federal Court had no ability to set aside order using reconsideration power under Rule 397, which was limited to correction of small oversights and clerical mistakes. Matter became res judicata on expiry of deadline for filing notice of appeal. Order was presumed to be valid absent proof of fraud. Appellant could not benefit from subsequent changes in law having not appealed order. Yeager v. Canada (Minister of Public Safety and Emergency Preparedness) (Nov. 5, 2013, F.C.A., Blais C.J., Sharlow J.A., and David Stratas J.A., File No. A-435-12) 235 A.C.W.S. (3d) 802.

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