Wilson v. Canada (Minister of Citizenship and Immigration), 2002 FCT 637

Date: 20020604

Docket: IMM-5129-01

Neutral citation: 2002 FCT 637

Ottawa (Ontario), this 4^th day of June, 2002

Present: THE HONOURABLE MR. JUSTICE BEAUDRY

BETWEEN:

                                                                 NADINE WILSON

                                                                                                                                                       Applicant

                                                                                 and

                                  MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                   Respondent

                                               REASONS FOR ORDER AND ORDER

[1]                 On April 2, 2002, I considered the application for leave and judicial review filed by the Applicant pursuant to Rule 369 of the Federal Court Rules (the Rules). On that date, I ordered that the application be dismissed.

[2]                 The present motion for reconsideration was filed on May 10, 2002. This was beyond the ten-day period for filing such a motion provided for by Rule 397 of the Rules.

[3]                 I do not find that the Applicant has furnished a valid reason for her motion to extend the time period for filing this motion. I am not satisfied either with the Applicant's claim that she was unable to file this motion earlier. The gaps in time between receipt of the dismissal order by counsel on April 23, 2002, the swearing by the Applicant of her affidavit on May 1, 2002 and the filing and service of the motion on May 10, 2002 are not adequately justified by the explanations given by the Applicant.

[4]                 In any event, I would deny the motion for reconsideration whether or not it had been filed in time. The Court carefully considered all relevant material and evidence before it. That there was an oversight or accidental omission on the part of the Court is a claim not supported by the record.

[5]                 The Applicant relies on Rule 399 (2)(b) which, in my view, is inapplicable since there is not evidence that my order was obtained by fraud. Even if I were charitable to assume that the Applicant may have meant to refer to Rule 399 (2)(a), I would not find that there was a matter that arose or was discovered subsequent to my issuance of the order which could not have been discovered previously and which would justify setting aside the order.

[6]                 For these reasons, the motion for reconsideration is dismissed.

                                                                            ORDER

THIS COURT ORDERS that:

1.                    The motion for reconsideration is dismissed.

        "Michel Beaudry"                      

Judge

                                                    FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                             IMM-5129-01

STYLE OF CAUSE :                          NADINE WILSON and

MINISTER OF CITIZENSHIP AND

IMMIGRATION

MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF THE PARTIES                        

REASONS FOR ORDER OF : THE HONOURABLE JUSTICE BEAUDRY

DATED :                                               June 4, 2002

WRITTEN REPRESENTATIONS BY :

Osborne G. Barnwell                                                                      FOR THE APPLICANT

Robert Bafaro                                                                               FOR THE RESPONDENT

Department of Justice                                                                    

SOLICITORS OF RECORD :

Osborne G. Barnwell                                                                      FOR APPLICANT

Ferguson, Barnwell

Toronto, Ontario

Morris Rosenberg                                                                           FOR RESPONDENT

Deputy Attorney General of Canada                                  

Toronto, Ontario