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Date: 20011009

Docket: IMM-2847-01

Neutral citation: 2001 FCT 1105

Toronto, Ontario, Tuesday the 9th day of October, 2001.

PRESENT:      Peter A.K. Giles, Esquire

Associate Senior Prothonotary

BETWEEN:

DORIS JINDO LEWANDO

Applicant

-and-

THE MINISTER OF

CITIZENSHIP AND IMMIGRATION

Respondent

                                       REASONS FOR ORDER AND ORDER

GILES A.S.P.:


[1]        The Applicant herein failed to file an Application Record on time. The delay was partially the result of the Legal Aid authorities issuing a Certificate to the wrong legal firm. I should point out at this stage that Legal Aid officials are not officials of the central government. The fact that they may be officials of the provincial government is irrelevant to the issue put forward by counsel for the Applicant. I do not think it advisable to explain the constitutional implications as no notice has been given under section 57 of the Federal Court Act.

[2]        I should also point out that not withstanding the statements sometimes made in Legal Aid certificates, Federal Court of Appeal has indicated that Legal Aid authorities are not empowered to interfere with the operations of the Federal Court.

[3]        Waiting until late June to inquire with regard to a Certificate is hard to understand when counsel must have known that an opinion would be required before full Legal Aid would be authorized.

[4]        Further delays resulted from the attempt to serve the Respondent by facsimile transmission, and of course from waiting to receive the signed copy of the Certificate which had verbally been promised. Nevertheless, I am satisfied that the delays have been explained and that the existence of an arguable case for leave has been shown.


                                                                      ORDER

1.         The time for serving and filing the Applicant's Application Record is extended to the 14th day from the date of this Order.

          "Peter A.K. Giles"                  

A.S.P.                     

Toronto, Ontario

October 9, 2001


FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

COURT NO:                                           IMM-2847-01

STYLE OF CAUSE:                               DORIS JINDO LEWANDO

Applicant

-and-

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

CONSIDERED AT TORONTO, PURSUANT TO RULE 369 OF THE FEDERAL COURT RULES 1998.

REASONS FOR ORDER

AND ORDER BY:                                  GILES A.S.P.

DATED:                                                   TUESDAY, OCTOBER 9, 2001

WRITTEN SUBMISSIONS BY:      Mr. Gregory J. Willoughby

For the Applicant

Mielka Visnic

For the Respondent

SOLICITORS OF RECORD:           McKenzie Lake Lawyers

Barristers & Solicitors

300 Dundas Street West

London, Ontario

N6B 1T6

For the Applicant

Morris Rosenberg

Deputy Attorney General                                    

For the Respondent


FEDERAL COURT OF CANADA

                                    Date: 20011009

                                                                                                     Docket: IMM-2847-01

Between:

DORIS JINDO LEWANDO

Applicant

-and-

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

                                                   

REASONS FOR ORDER

AND ORDER

                                                   

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