Butpaeng v. Canada (Minister of Citizenship and Immigration), docket IMM-3758-96

     IMM-3758-96

B E T W E E N:

     WANNA BUTPAENG

     Applicant

     - and -

     MINISTER OF CITIZENSHIP AND IMMIGRATION

         Respondent

     REASONS FOR ORDER AND ORDER

GILES, A.S.P.:

     The applicant herein seeks an extension of time within which to file a reply. Evidence is filed that part of the respondent's submissions served by facsimile was illegible and an additional copy had to be obtained. However, this failure of the facsimile machine does not appear to be the cause of the delay. It appears, that the reply could not have been filed in time, even if the facsimile machine had worked because the applicant's solicitor was out of the country for a month (more or less).

     It is unlikely that such an absence would excuse a delay in filing. I also note, that the "arguable case" appears to depend on s. 70(5) of the Immigration Act, which may not constitute an arguable case.

     However, counsel for the Minister has consented to the extension. In such a case, if one is reluctant to grant an extension, it is usual to ask counsel to appear. However, the document sought to be filed here, is a reply, and I believe it would take as much time to summon counsel to appear on this motion as it would to allow the application for leave to be considered.

ORDER

     The time for serving and filing a reply is extended to June 6th, 1997.

"Peter A.K. Giles"

A.S.P.

Toronto, Ontario

May 28, 1997

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                  IMM-3758-96

STYLE OF CAUSE:              WANNA BUTPAENG

                     - and -

                     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 28, 1996

SOLICITORS OF RECORD:

                     Mr. Steven Tress

                     Barrister and Solicitor

                     Suite 1720

                     180 Dundas Street West

                     Toronto, Ontario

                     M5G 1L8

                         Solicitor for the Applicant

                     George Thomson

                     Deputy Attorney General

                     of Canada

                         For the Respondent

                     FEDERAL COURT OF CANADA

                     Court No.      IMM-3758-96

                     Between:

                     WANNA BUTPAENG

                                 Applicant

                     - and -

                     MINISTER OF CITIZENSHIP

                     AND IMMIGRATION

                         Respondent

                     REASONS FOR ORDER & ORDER