IKPIARJUK/ARCTIC BAY
The Government of Nunavut owes an Arctic Bay woman $9,969.79 after government lawyers missed a filing deadline at the Nunavut Court of Justice.

Irene Swoboda won a default judgment in small claims court due to the missed deadline, and Justice Neil Sharkey refused to overturn it.

In a decision released April 13, Sharkey said he did not accept the GN's reason for missing the deadline.

"I do not accept the notion of a high turnover and shortage of lawyers in the government legal department as an acceptable reason for why the file did not get proper attention or why the file was 'bottlenecked' at one person's inbox. Many law firms in Canada are busy and many have a shortage of lawyers," he stated.

In December 2015, Swoboda was told that her upcoming travel to attend an annual diagnostic procedure in Ottawa would not be approved because the diagnostic procedure could now be performed in Iqaluit, and that only her travel to Iqaluit would be paid for.

Swoboda disagreed and after using her own funds, she appealed the decision with the GN. That appeal was denied, so the woman took the GN to small claims court. The GN failed its file its documents on time, and a default judgment was granted to Swoboda.

"I should point out from the outset that the medical procedure involved in this case is not relevant to my decision. Similarly, the GN rules about medical travel are not relevant to my decision," stated Sharkey.

"It would appear that the GN is advancing the argument that a busy office and simple oversight is a sufficient and satisfactory explanation for their default in not responding to Ms. Swoboda's claim. While it is an explanation, within the context of small claims court and a self-represented litigant, inattentive legal work falls short of being a satisfactory excuse for a default."

Sharkey then confirmed the default judgment, and determined Swoboda is own the money, plus $100 in costs.

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