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The appeal was dismissed. F submitted two reasons to the Court of Appeal for his delay. First, his computer had been confiscated for a period of time. Second, there were some problems with the tape recordings the appellant received of his disciplinary hearing. Some of the tapes were difficult to understand in parts, and there was one day worth of tape missing from a five-week hearing. In response, McDonald J. asserted that F had received the decision of the disciplinary hearing and most of the tapes. Waiting for the full tape-recorded transcript constituted waiting for full particulars in this case. The motions judge exercised his discretion properly when he found that waiting for the tapes did not constitute a sufficiently good reason for the delay. Furthermore, as to whether confiscating F's computer constituted a reasonable excuse for the delay, it was open to the motions judge to find as he did because F did not file his application until some three months after the day he got his computer back.
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