Date: 19990706
Docket: IMM-296-99
BETWEEN:
SULTAN SATANI
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
EVANS J.
[1] I have before me pursuant to rule 369 of the Federal Court Rules, 1998 an amended notice of motion by the applicant dated June 9, 1999 asking for:
| a) leave to extend time to file a motion appealing the order of prothonotary Lafrenière dated May 26, 1999, and the reversal of that order on appeal pursuant to rules 8 and 51 of the Federal Court Rules, 1998; and |
| b) leave to extend the time to cross-examine visa officer Bosch on her affidavit served on the applicant on March 24, 1999 to 30 days after any such order pursuant to rules 8 and 308 of the Federal Court Rules, 1998. |
[2] No extension of time for bringing this appeal is granted because the applicant"s motion record provides no explanation for the failure to file and serve in time the notice of motion appealing the order of prothonotary Lafrenière dated May 26, 1999.
[3] Furthermore, in exercising his discretion to dismiss the applicant"s motion for an extension of time for the cross-examination of visa officer Anne Bosch on her affidavit of March 24, 1999, the prothonotary committed none of the errors identified in Canada v. Aqua-Gem Investments Ltd. , [1993] 2 F.C. 425 (F.C.A.) as justifying intervention on appeal. Nor was it demonstrated that the motion raised a question that was vital to the final resolution of the case.
[4] For these reasons the motion is dismissed.
[5] No order for costs is made.
"John M. Evans"
J.F.C.C.
Toronto, Ontario
July 6, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-296-99 |
| STYLE OF CAUSE: SULTAN SATANI |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
PURSUANT TO RULE 369
| REASONS FOR ORDER AND ORDER BY: EVANS J. |
DATED: TUESDAY, JULY 6, 1999
| WRITTEN REPRESENTATIONS BY: Cecil L. Rotenberg, Q.C. |
| For the Applicant |
| Neeta Logsetty |
| For the Respondent |
SOLICITORS OF RECORD: Cecil L. Rotenberg, Q.C.
| Barrister & Solicitor |
| Suite 808 |
| 255 Duncan Mill Road |
| Don Mills, Ontario |
| M3B 3H9 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990706
Docket: IMM-296-99
Between:
| SULTAN SATANI |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |
| AND ORDER |