Thursday, September 16, 2010

Supreme Court Denies Federal Inmate Leave to Appeal

From Eugene Meehan: The Applicant was a federal penitentiary inmate and injured while carrying out supervised work in the woodworking shop. He brought a successful claim in negligence against the Respondent but was denied damages for adverse psychological or psychiatric sequela, or the declaratory relief he sought concerning conditions at the prison. The Applicant appealed and filed a memorandum of fact and law with the Federal C.A. which far exceeded the maximum length prescribed by Rule 70(4) of the Federal Courts Rules. When the Applicant did not comply with directions to file a memorandum in conformity with Rule 70(4), the Federal C.A. dismissed his appeal for failure to file a memorandum of fact and law. Muri Chilton v. Her Majesty the Queen in Right of Canada (Federal C.A., July 8, 2010) (33705) "The application for leave to appeal...is dismissed without costs."


Regards,

Blair

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