Khawar v. Canada (Minister of Citizenship and Immigration), docket IMM-4023-98

Date: 19990423

Docket: IMM-4023-98

BETWEEN:

     TOUSEEF KHAWAR

     Applicant

     (Moving Party)

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     (Respondent Party)

     REASONS FOR ORDER AND ORDER

GILES A.S.P.

[1]      The motion before me seeks leave to file a supplementary affidavit and a supplementary record containing fresh argument. The motion is brought because in December the respondent to the application was permitted to file an affidavit after the applicant had filed its record. Before the applicant responded on December 7^th to the respondent"s motion for an extension of time to file the affidavit of Dupuis, the applicant had had a copy of that affidavit since November 11^th . It should have been apparent to him at that time that should his opposition to filing the Dupuis affidavit failed cross-examination, further evidence and supplementary record containing argument might be necessary and he should have sought that relief when opposing the motion for late filing of the affidavit of Dupuis.

[2]      The applicant, however, elected not to. I note that neither did he ask for an opportunity to seek certification of a serious question, he elected instead to attempt to appeal without a certification of a question the order allowing the filing of the affidavit of Dupuis. The choice was made at that time, and it is now too late to change. The motion must be dismissed.

[3]      IT IS HEREBY ORDERED THAT: the motion is dismissed.

     "Peter A.K. Giles"

     A.S.P.

Toronto, Ontario

April 23, 1999

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-4023-98

STYLE OF CAUSE:                      TOUSEEF KHAWAR

     Applicant

     (Moving Party)

                             - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     (Respondent Party)

REASONS FOR ORDER ORDER BY:          GILES, A.S.P.

CONSIDERED PURSUANT TO RULE 369 AT TORONTO, ONTARIO

DATED:                          FRIDAY, APRIL 23, 1999

APPEARANCES:                      M. Max Chaudhary

For the Applicant (Moving Party)

Ms. A. Leena Jaakkimainen

For the Respondent (Respondent Party)

SOLICITORS OF RECORD:              Chaudhary Law Office

Barrister & Solicitor

255 Duncan Mill Road #405

North York, Ontario

M3B 3H9

For the Applicant (Moving Party)

Morris Rosenberg

Deputy Attorney General

For the Respondent (Respondent Party)

                             FEDERAL COURT OF CANADA

                                 Date: 19990423

                        

         Docket: IMM-4023-98

                             Between:

TOUSEEF KHAWAR

     Applicant

     (Moving Party)

                             - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                    

     Respondent

     (Respondent Party)

                    

                            

            

                                                                                 REASONS FOR ORDER

AND ORDER