Date: 19990423
Docket: IMM-4023-98
BETWEEN:
TOUSEEF KHAWAR
Applicant
(Moving Party)
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
(Respondent Party)
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The motion before me seeks leave to file a supplementary affidavit and a supplementary record containing fresh argument. The motion is brought because in December the respondent to the application was permitted to file an affidavit after the applicant had filed its record. Before the applicant responded on December 7th to the respondent"s motion for an extension of time to file the affidavit of Dupuis, the applicant had had a copy of that affidavit since November 11th . It should have been apparent to him at that time that should his opposition to filing the Dupuis affidavit failed cross-examination, further evidence and supplementary record containing argument might be necessary and he should have sought that relief when opposing the motion for late filing of the affidavit of Dupuis.
[2] The applicant, however, elected not to. I note that neither did he ask for an opportunity to seek certification of a serious question, he elected instead to attempt to appeal without a certification of a question the order allowing the filing of the affidavit of Dupuis. The choice was made at that time, and it is now too late to change. The motion must be dismissed.
[3] IT IS HEREBY ORDERED THAT: the motion is dismissed.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
April 23, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4023-98
| STYLE OF CAUSE: TOUSEEF KHAWAR |
Applicant
(Moving Party)
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
(Respondent Party)
REASONS FOR ORDER ORDER BY: GILES, A.S.P.
CONSIDERED PURSUANT TO RULE 369 AT TORONTO, ONTARIO
DATED: FRIDAY, APRIL 23, 1999
APPEARANCES: M. Max Chaudhary
| For the Applicant (Moving Party) |
| Ms. A. Leena Jaakkimainen |
| For the Respondent (Respondent Party) |
SOLICITORS OF RECORD: Chaudhary Law Office
| Barrister & Solicitor |
| 255 Duncan Mill Road #405 |
| North York, Ontario |
| M3B 3H9 |
| For the Applicant (Moving Party) |
| Morris Rosenberg |
| Deputy Attorney General |
| For the Respondent (Respondent Party) |
FEDERAL COURT OF CANADA
Date: 19990423
Docket: IMM-4023-98
Between:
| TOUSEEF KHAWAR |
Applicant
(Moving Party)
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
(Respondent Party)
REASONS FOR ORDER
| AND ORDER |