Abegunde v. Canada (Minister of Citizenship and Immigration), docket IMM-4761-00

Date: 20001130

Docket: IMM-4761-00

BETWEEN:

     AKINBODE OLUSOLA ABEGUNDE

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER AND ORDER

GILES A.S.P.

[1]      The motion for an extension of time herein was supported by the affidavit of the applicant's own solicitor, which is not only contrary to the common law custom but is now in practice prohibited by Rule 82.

[2]      The applicant's record in support of the motion contained no evidence that there was an arguable case for leave, and no indication as to how the applicant's mental condition might impugn the tribunal's procedure or decision.

[3]      I do not agree with the respondent that a copy of the tribunal's reasons is necessary for a motion for extension although it might, in certain circumstances, be helpful to the Court. Similarly, an applicant's own evidence is not a sine qua non for a successful application for extension.

[4]      In reply, the applicant's solicitor has made statements, which amount to evidence, which was not presented in support of the motion, are not in an affidavit and not properly reply.

[5]      The motion will be dismissed, but because it may be that there is evidence of an arguable case leave will be granted for a further motion on better evidence served and filed before December 15, 2000.

     ORDER

[6]      The motion for an extension of time to file the applicant's record is dismissed with leave to re-apply on better evidence before 11:00 a.m. on December 15, 2000.

     "Peter A. K. Giles"

     A.S.P.

Toronto, Ontario

November 30, 2000

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                      IMM-4761-00

STYLE OF CAUSE:                  AKINBODE OLUSOLA ABEGUNDE

     Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

MATTER CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369

REASONS FOR ORDER

AND ORDER BY:                  GIBSON J.

                            

DATED:                      THURSDAY, NOVEMBER 30, 2000

WRITTEN SUBMISSIONS:          Ms. Stella Irah Anaele

For the Applicant

Ms. Catherine Vasilaros

For the Respondent

SOLICITORS OF RECORD:          Stella Irah Anaele

Barrister & Solicitor

296 A Wilson Avenue

North York, Ontario

M3H 1S8

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent

                         FEDERAL COURT OF CANADA

                                 Date: 20001130

                        

         Docket: IMM-4761-00

                         Between:

AKINBODE OLUSOLA ABEGUNDE

     Applicant

                         - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

                    

                        

        

REASONS FOR ORDER

AND ORDER