Date: 19980309
Docket: IMM-256-98
BETWEEN:
MOHAMMAD SHAFIK AWAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] The failure of the Applicant to file his Record was cause by the inability of his agent to count off the 30 day limit correctly. The notice of motion for an extension and the supporting affidavit reveal no facts which mighty show an arguable case for leave exists. The original application for leave shows a number of possible grounds from the statute phrased in the alternative. It is difficult to conclude that an arguable case may exist. The shortness of the delay and the fact that the Applicant is representing himself, leads me to permit a new application within fourteen days from today to enable the Applicant to file evidence of the existence of an arguable case for leave.
[2] The motion before me has a back showing the Applicant where a solicitor is customarily shown when there is one, with an address on Denton Avenue and the telephone number. The notice of motion is apparently signed by the Applicant and under his name, the same telephone number and address on Denton Avenue. In the body of the document, it is stated, that documents may be served on the Applicant in care of a Barrister and Solicitor and an address on St. George Street. It is difficult to see how proof of service under Rule 311(2)(b) could be obtained by mailing to such address. When filing evidence of the existence of an arguable case, the Applicant should show only one address, which thereafter be the Applicant's address for service, a telephone number should also be shown. A copy of this Order shall be mailed to both addresses and perforce must be called out to the number given which appears below the Applicant's signature.
ORDER
The motion for an extension of time is dismissed with leave to reapply within 14 days.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
March 9, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-256-98
STYLE OF CAUSE: MOHAMMAD SHAFIK AWAN
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: MARCH 9, 1998
SOLICITORS OF RECORD:
Mr. Mohammad Shafik Awan
30 Denton Avenue,
Apt. 1119
Toronto, Ontario
M1L 4P2
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980309
Docket: IMM-256-98
Between:
MOHAMMAD SHAFIK AWAN
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
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