Date: 20010910
Docket: IMM-2593-01
Neutral citation: 2001 FCT 1008
Toronto, Ontario, Monday, the 10th day of September, 2001
PRESENT: Peter A. K. Giles, Esquire
Associate Senior Prothonotary
BETWEEN:
ERNESTO DIAS
MARISA SANDRA SOSA DIAS
KEILA JAEL DIAS
DARIO ANDRES DIAS
Applicants
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The motion before me seeks leave to file a Supplementary Applicant's Record. The day after the Applicant's Record was filed further evidence (which had been requested from the Tribunal in good time) came to hand. The Applicant tried to file it as Supplementary Record it was refused by the Registry as being late.
[2] The Applicant then did nothing until he tried to file it presumably as a reply. There is no provision for a reply evidence and the document in any event is styled as a Supplementary Applicant's Record. The document was refused by the Registry. Now, a motion is brought for leave to file a Supplementary Application Record. The result of this conduct by the Applicant is that the Respondent has made his submissions without the Supplementary information being on file. Had the Applicant moved at the earliest opportunity the Respondent could have responded to it in her original memorandum. In the circumstances, I believe justice requires that the Supplementary Applicant's Record be allowed to be filed and further that the Respondent should have 30 days more to file any supplementary or replacement memorandum she may be advised to file.
ORDER
1. The Applicant's Supplementary Record may be filed before September 14th, 2001 at 11:00 a.m. The Respondent may file within the 30 days thereafter a supplementary or replacement memorandum and supporting materials.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
September 10, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2593-01
STYLE OF CAUSE: ERNESTO DIAS
MARISA SANDRA SOSA DIAS
KEILA JAEL DIAS
DARIO ANDRES DIAS
Applicants
-and-
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369 OF THE FEDERAL COURT RULES, 1998.
REASONS FOR ORDER
AND ORDER BY: GILES A.S.P.
DATED: MONDAY, SEPTEMBER 10, 2001
WRITTEN SUBMISSIONS BY: Mr. Peter Ivanyi
For the Applicants
Ms. Amina Riaz
For the Respondent
SOLICITORS OF RECORD: ROCHON GENOVA
Barristers & Solicitors
121 Richmond Street West, Suite 903
Toronto, Ontario
M5H 2K1
For the Applicants
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010910
Docket: IMM-2593-01
BETWEEN:
ERNESTO DIAS
MARISA SANDRA SOSA DIAS
KEILA JAEL DIAS
DARIO ANDRES DIAS
Applicants
-and-
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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