Date: 19990603
Docket: IMM-3474-98
BETWEEN:
XUEJIAN GAO,
Applicant,
- and -
THE MINISTER of CITIZENSHIP
and IMMIGRATION,
Respondent.
REASONS FOR ORDER AND ORDER
NADON J.
| [1] On February 3, 1999 Mr. Justice Cullen made an order requiring the applicant to show cause why his application for judicial review should not be dismissed for delay. |
| [2] Following the receipt of the applicant"s written representations, I convened the parties to a hearing held by way of conference call on April 9, 1999. During the conference call, I indicated to Mr. Leahy, counsel for the applicant, that I had read and understood the reasons why the applicant had not moved his file forward. However, I indicated to Mr. Leahy that the file had to move forward and, in that respect, I invited him to indicate to me and to counsel for the Minister when he expected to be in a position to file an application record. |
| [3] On May 20, 1999 Mr. Leahy wrote to the Court, with a copy to counsel for the Minister, indicating that he could file the applicant"s application record by June 29, 1999. On May 25, 1999 Ms. Zoric, counsel for the Minister, informed the Court that June 29, 1999 was acceptable. On May 27, 1999 during a hearing by way of conference call, I informed the parties that I would make an order giving effect to the June 29, 1999 deadline. |
| [4] Consequently, it is hereby ordered that the applicant shall file his application record no later than June 29, 1999. The respondent shall then file his record within the delay set out in rule 310. |
| [5] In view of the delay that has already taken place, it goes without saying that this order contemplates that the applicant will, in the future, comply with the delays set out in the rules, and more particularly, with rule 314 which requires him to serve and file a requisition for a hearing within 10 days after service of the respondent"s record. I am, obviously, not unmindful of the fact that this delay is subject to the possibility that either party may seek leave of the Court pursuant to rule 312. |
| [6] In any event, however, the applicant is expected to pursue his application in a diligent manner. |
Toronto, Ontario
June 3, 1999 J.F.C.C.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: XUEJIAN GAO |
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
| DATE OF HEARING: THURSDAY, MAY 27, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER AND ORDER BY: NADON J.
| DATED: THURSDAY, JUNE 3, 1999 |
| APPEARANCES: Mr. Timothy Leahy |
For the Applicant
Ms. Marianne Zoric
| SOLICITORS OF RECORD: Timothy Leahy |
Barrister & Solicitor
Suite 408, 5075 Yonge Street
Toronto, Ontario
M2N 6C6
For the Applicant
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19990603
Docket: IMM-3474-98
Between:
XUEJIAN GAO
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
AND ORDER
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