Koleski v. Canada (Minister of Citizenship and Immigration), docket IMM-412-00

Date: 20000525

Docket: IMM-412-00

BETWEEN:

KOLESKI, DRAGI

KOLESKA, STEVE

KOLESKA, SIMONA

KOLESKI, DAVID

Applicant

-and-

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                            

Respondent

     REASONS FOR ORDER AND ORDER

GILES A.S.P.

                                    

[1]      The motion before me seeks an extension of the 30 days period for filing the Applicant"s Record. The Record was due in early March. The motion for an extension was filed in early May nearly 3 times prescribed time.

[2]      Before an extension can be granted the Applicant must excuse all of the delay and also must show that he has an arguable case for leave inter alia. It is not sufficient to file an affidavit where the affiant swears "I state and the fact is that an arguable case exists" what must be shown is that some evidence exists of facts to support an arguable case for leave.

[3]      With regard to the need to excuse all of the delay, the Applicant in his submissions claims "inadvertence" something more is required to explain the inadvertence. The affidavit filed in support indicates the delay was the result of the need to wait for translation of certain documents. That is certainly not inadvertence. The motion will be dismissed with leave to reapply on better evidence on or before June 19^th , 2000.

ORDER

[4]      Motion dismissed with leave to reapply on better evidence on or before June 19^th, 2000.

                                 "Peter A.K. Giles"

     A.S.P.

Toronto, Ontario

May 25, 2000

FEDERAL COURT OF CANADA

                    

     Names of Counsel and Solicitors of Record

                                                

COURT NO:                      IMM-412-00

STYLE OF CAUSE:                  KOLESKI, DRAGI

                         KOLESKA, STEVE

                         KOLESKA, SIMONA

                         KOLESKI, DAVID

Applicant

                         -and-

                         THE MINISTER OF CITIZENSHIP

                         AND IMMIGRATION

                                         Respondent

                            

CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369

REASONS FOR ORDER

AND ORDER BY:                      GILES A.S.P.

DATED:                          THURSDAY, MAY 25, 2000

WRITTEN SUBMISSIONS BY:              Mr. Dragi Koleski

                                 For the Applicant, on his own behalf

                             Ms. Urszula Kaczmarczyk

                            

                                 For the Respondent

SOLICITORS OF RECORD:              Dragi Koleski

                             70 Mornelle Court, Apt. #1612

                             Toronto, Ontario

                             M1E 4S8

                            

                                 For the Applicant, on his own behalf

                            

                             Morris Rosenberg

                             Deputy Attorney General of Canada

                                 For the Respondent

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                             FEDERAL COURT OF CANADA

                                 Date: 20000525

                        

         Docket: IMM-412-00

                             Between:

                             KOLESKI, DRAGI

                             KOLESKA, STEVE

                             KOLESKA, SIMONA

                             KOLESKI, DAVID

Applicant

                             -and-

                             THE MINISTER OF CITIZENSHIP

                             AND IMMIGRATION

                                            

Respondent

                            

        

REASONS FOR ORDER

                             AND ORDER