2013-Ģ��ƵAT-390

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered a writ of mandamus from Ms Wesslund, who requested that Ģ��ƵAT order Ģ��ƵDT to accept her applications. Ģ��ƵAT held that because it did not have inherent or original jurisdiction outside its capacity as an appellate body, it considered the motion for writ of mandamus to be an appeal against Ģ��ƵDT Order No. 100 (NY/2013). Ģ��ƵAT held that the appeal was received beyond the deadline for appeal. Noting that Ms Wesslund did not apply to Ģ��ƵAT for an extension or waive of the applicable time limits, Ģ��ƵAT held that the appeal of the Order was not receivable ratione temporis. Ģ��ƵAT dismissed the motion of writ of mandamus as not receivable.

Decision Contested or Judgment/Order Appealed

In Order No. 100 (NY/2013), Ģ��ƵDT ruled that only an application submitted on the prescribed application form and through the eFiling portal, which met all the requirements of Ģ��ƵDT Practice Direction 4 and all other relevant requirements, would be considered for registration and transmitted to Ģ��ƵDT by the Registry.

Legal Principle(s)

Ģ��ƵAT may decide in writing, upon written request by the applicant, to suspend or waive the deadlines for a limited period of time, except the deadlines for management evaluation.

Outcome

Appeal dismissed on receivability

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Wesslund

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement