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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