Date: 19980512
Docket: IMM-5430-97
BETWEEN:
ENRICO VILLANUEVA VALDEZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] Notwithstanding the fact that counsel for the Minister agreed to an extension of time for the applicant to file his record, counsel for the applicant resists an extension of time for the respondent to file a Memorandum of Argument. It is noted by the applicant's solicitor, that the respondent's solicitor did not start to draft the respondent's memorandum until the penultimate day, a Sunday. It appears additional instructions were required, which were applied for on the last day. The instructions were not received for two weeks, and it took a further 10 days to file this motion. The delays are not explained. No doubt the respondent was entitled to prepare submissions on the Sunday proceeding their due date, but in doing so, gambled that something would not go wrong. Something unparticularized did.
[2] The respondent has exhibited to the affidavit filed in support of this motion, the very submissions for which an extension is sought. The respondent should not be permitted to file indirectly what it cannot file directly.
ORDER
The Registry is ordered to remove the affidavit of Lani VanderVeen, sworn the 21 st of April, 1998, from the public file, and place it in a sealed envelope marked "Sealed by Order of Giles, A.S.P., dated May 12, 1998 for use in connection with the respondent's motion filed April 24th, 1998".
The motion for an extension of time is dismissed without prejudice to the respondent's right to reapply on or before May 22nd, 1998 with proper supporting materials.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
May 12, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-5430-97
STYLE OF CAUSE: ENRICO VILLANUEVA VALDEZ
- 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: MAY 12, 1998
SOLICITORS OF RECORD:
Mr. Peter F. Haber
Barrister and Solicitor
Suite 302
120 Carlton Street
Toronto, Ontario
M5A 4K2
Solicitor for the Applicant
No solicitor of record
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980512
Docket: IMM-5430-97
Between:
ENRICO VILLANUEVA VALDEZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
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