Can a motion to extend time for filing a motion for declaratory relief be struck?
Canada (Federal), Canada
The following excerpt is from Maracle v. Six Nations of The Grand River Band of Indians, 1998 CanLII 7579 (FC):
In Guerin v. Canada (Attorney General), [1996] F.C.J. No. 745, May 31, 1996 (F.C.T.D.), my colleague Mr. Justice Pinard dismissed a motion to extend time for filing of an originating motion for declaratory relief in relation to a decision that the applicant was subject to an intensive supervision program within the correctional facility where he was detained. A motion to strike the originating notice of motion was also allowed. As I read that case it clearly relates to a decision made with respect to applying a particular regime to the party seeking declaratory relief. Those circumstances are distinguishable from those in this case upon which declaratory relief is sought.
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