Date: 20031006
Docket: T-1329-03
Citation: 2003 FC 1164
Montréal, Quebec, October 6, 2003
PRESENT: MR. RICHARD MORNEAU, PROTHONOTARY
BETWEEN:
DANESH KHODAVERDI AFAGHI
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Written motion by applicant for deadline to serve and file applicant's affidavit.
REASONS FOR ORDER AND ORDER
[1] As the failure to observe the deadline set has to do with difficulties experienced by counsel for the applicant;
[2] As those difficulties involved the filing at the same time of the instant motion and of a motion in case T-1049-03;
[3] As in case T-1049-03 the respondent, through a different counsel from that in the case at bar, indicated to the Court that he left everything to the Court's discretion, thus taking a different position from the case at bar, in which the respondent objected to the deadline extension requested;
[4] In view of the absence of any objection in case T-1049-03, the Registry sent that case to the Court for decision and kept the case at bar in the Registry for somewhat longer;
[5] As the Court accordingly had to consider T-1049-03 first, unaware of the presence of the case at bar;
[6] As on September 29, 2003, the Court granted an extension of time in case T-1049-03;
[7] As it is important for the Court to take the same approach to the same circumstances, and for the respondent also to act in that way as far as possible;
[8] As the Court considers that in order to resolve this confusion it must take the approach it adopted in case T-1049-03;
[9] Accordingly, the following order must be made.
ORDER
THE COURT ORDERS that the applicant is authorized to serve on the respondent and to file the applicant's affidavit and to enter proof of service in the record of the Court within 10 days of this order;
The respondent's deadline for serving and filing its pleadings will begin to run from the date of service of the applicant's affidavit.
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"Richard Morneau"
Prothonotary
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Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1329-03
STYLE OF CAUSE: DANESH KHODAVERDI AFAGHI
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
WRITTEN MOTION CONSIDERED IN MONTRÉAL WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: October 6, 2003
WRITTEN SUBMISSIONS:
Michelle Langelier for the applicant
Ian Demers for the respondent
SOLICITORS OF RECORD:
Michelle Langelier for the applicant
Montréal, Quebec
Morris Rosenberg for the respondent
Deputy Attorney General of Canada
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