Date: 19990630
Docket: IMM-593-99
BETWEEN:
WENDY ALEXIS JOHNSON (LEGROS),
ASHLEY J. CARON LEGROS and
CHARLES R.W. LEGROS III
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion for an order pursuant to Rule 399(1) of the Federal Court Rules, 1998:
| a) setting aside the order of Cullen J. issued the 28th day of April, 1999, dismissing the applicants" application for leave to commence judicial review and for judicial review due to the failure of the applicants to file an application record; and |
| b) extending the time for the applicants to file an application record. |
[2] Pursuant to Rule 82, except with leave of the Court, a solicitor shall not both depose to an affidavit and present argument to the Court based on that affidavit.
[3] The notice of motion, the affidavit of Jean McKenna and the written submissions are all signed by Jean McKenna, counsel for the applicant.
[4] There is no leave of this Court to allow counsel for the applicant to depose an affidavit and present argument to the Court based on that affidavit.
[5] Pursuant to Rule 82, this Court has to ignore the written representations of counsel whose affidavit has been submitted and supported of the motion.
[6] I cannot consider the reasons given by counsel for the applicant for the delay, but if I would, I am not convinced that the applicants have demonstrated that a reasonable explanation for the delay exists.
[7] For those reasons, the motion is denied.
Pierre Blais Judge
OTTAWA, ONTARIO
JUNE 30, 1999