Date: 19980923
Docket: IMM-3448-98
BETWEEN:
TAHEREH SHAKER
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] On August 10th the applicant attempted to file her application record in the last hour of the last day and failed.
[2] On August 12th a motion for an extension of time was filed supported by an affidavit of the applicant's process server evidencing the delay and exhibiting, correctly in my view, only the cover page of the application record to show that the record had been prepared. Because no evidence of an arguable case for leave was filed that motion for an extension was dismissed with leave to reapply.
[3] The new application is now before me supported by an affidavit exhibiting the very record for which leave to file is sought. This affidavit would, in my view, in the ordinary case have been ordered returned to the applicant. As the affidavit and the notice of motion are both integral parts of the motion record there would have been no motion before the Court after the return.
[4] In a covering letter, the applicant's counsel states that he filed the application record as it was the only way to show an arguable case. It may well be that all of the evidence of an arguable case is to be found in certain documents and affidavits in the application record. Those documents and affidavits, however, have an independent existence and duplicates could have been exhibited to affidavits and the affidavits could have been incorporated with explanatory representations in the motion record.
[5] Rather than deny an extension for a second time I have perused the application record and, while pages appear to be missing, conclude that some evidence of an arguable case for leave exists. I am therefore not ordering the motion record returned and will extend time.
ORDER
The time for filing the applicant's application record is extended to October 15, 1998.
"Peter A.K. Giles"
A.S.P.
TORONTO, ONTARIO
September 23, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3448-98
| STYLE OF CAUSE: TAHEREH SHAKER |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 369.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: WEDNESDAY, SEPTEMBER 23, 1998
SOLICITORS OF RECORD: Raoul Boulakia
Barrister and Solicitor
45 Saint Nicholas Street
Toronto, Ontario
M4Y 1W6
For the Applicant
| Morris Rosenberg |
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980923
Docket: IMM-3448-98
Between:
| TAHEREH SHAKER |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER