Date: 20000912
Docket: T-545-00
BETWEEN:
PO KIT POON
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 order permitting the filing and service nunc pro tunc of the Applicant's Application Record. This motion is opposed by the Respondent because of the patent injustice of a nunc pro tunc order in the time frame of the existing case and for other reasons.
[2] Before I can extend time I must be satisfied that no injustice will be done to the Respondent, that the delay has been excused and that an arguable case exists.
[3] A nunc pro tunc order would make it impossible for the Respondent to file a responding record without moving for an extension. The Respondent is therefore prejudiced.
[4] The delay has apparently resulted because a retaining solicitor did not pay the barrister in advance. I question whether a barrister having accepted a brief can justify abandoning the client if fees are not paid to him. Some detail of the retainer would be recognized before an unusual proposition in this regard could be accepted.
[5] With regard to an arguable case being shown, the only evidence tendered was by way of a copy of the impugned decision and reasons therefore being attached to a reply. It is not anticipated by the Rules that the reply will include evidence unless leave is granted.
[6] The motion for an extension will therefore be dismissed. But, because initially the Respondent was willing to extend time, I conclude there may be some evidence of an arguable case although it was not presented to me and for that reason will grant leave to re-apply within a reasonable time.
ORDER
[7] Motion dismissed with leave to re-apply before September 30th, 2000.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
September 12, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: PO KIT POON |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
| DATED: TUESDAY, SEPTEMBER 12, 2000 |
WRITTEN SUBMISSIONS BY: Ms. Nancy Lam
For the Applicant
Ms. Leena Jaakkimainen
For the Respondent
SOLICITORS OF RECORD: Nancy Lam
Barrister & Solicitor
206 Bloor St. West
Suite 3
Toronto, Ontario
M5S 1T8
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000912
Docket: T-545-00
Between:
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
AND ORDER
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