Kurunathy v. Canada (Minister of Citizenship and Immigration), 2001 FCT 1141

Date: 20011019

Docket: IMM-3799-01

Neutral citation: 2001 FCT 1141

Toronto, Ontario, Friday the 19^th day of October, 2001.

PRESENT:      Peter A.K. Giles, Esquire

Associate Senior Prothonotary

BETWEEN:

POORANACHANDRAN KURUNATHY

KAMALAVATHINI POORANACHANDRAN

Applicants

-and-

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                                       REASONS FOR ORDER AND ORDER

GILES A.S.P.:

[1]        Before an extension of time to file an application record can be granted an Applicant must inter alia excuse all delay and show the existence of an arguable case to leave.

[2]        The delay here was one day caused by counsel's miscalculation of the last possible day for filing. I would ordinarily consider such a delay excusable if an arguable case had been shown. In an attempt to show the existence of an arguable case counsel has sent in a copy of the Applicant's record for which leave is sought. I question the propriety of sending in the very document for which leave is sought except in those cases where the wording of the document is at issue in the motion. I also question whether submitting 206 closely tight pages for the Court to search to find the existence of an arguable case is "showing" an arguable case.

                                                                    ORDER

1.         The motion is dismissed with leave to reapply within 14 days of the date of this order on better evidence.   

                                                                                                                            "Peter A.K. Giles"                   

A.S.P.             

Toronto, Ontario

October 19, 2001

FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

COURT NO:                                           IMM-3799-01

STYLE OF CAUSE:                                   POORANACHANDRAN KURUNATHY

KAMALAVATHINI POORANACHANDRAN

Applicants

-and-

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION     

Respondent

CONSIDERED AT TORONTO, PURSUANT TO RULE 369 OF THE FEDERAL COURT RULES 1998.

REASONS FOR ORDER

AND ORDER BY:                                  GILES A.S.P.

DATED:                                                   FRIDAY, OCTOBER 19, 2001

WRITTEN SUBMISSIONS BY:      Ms. Barbara Jackman

For the Applicants

Ms. Urszula Kaczmarczyk

For the Respondent

SOLICITORS OF RECORD:           JACKMAN, WALDMAN & ASSOCIATES

Barristers and Solicitors

281 Eglinton Avenue East

Toronto, Ontario

M4P 1L3

For the Applicants

Morris Rosenberg

Deputy Attorney General                                    

For the Respondent

FEDERAL COURT OF CANADA

                                    Date: 20011019

                                                                                                     Docket: IMM-3799-01

BETWEEN:

POORANACHANDRAN KURUNATHY

KAMALAVATHINI

POORANACHANDRAN

Applicants

-and-

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

REASONS FOR ORDER

AND ORDER