IMM-4832-96
BETWEEN: EVGENY METELNITSKY,
LUDMILA METELNITSKY,
VALERY METELNITSKY,
Applicants,
AND:
MINISTER OF CITIZENSHIP AND
IMMIGRATION,
Respondent.
REASONS FOR ORDER
NOËL J.
Counsel for the applicants was wrong to request that his motion proceed under Rule 324, and the prothonotary should not have agreed to dispose of it under that rule since an oral hearing had been requested in respect of one of the two arguments made in support of the motion. It was therefore inappropriate to proceed under Rule 324.
The prothonotary’s decision is accordingly set aside, and the applicants are free to make their motion for an extension of time again so that a hearing can be held to dispose of it. Since the prothonotary has already ruled on the issue to be decided, the motion must be heard by someone else.
Marc Noël
Judge
MONTRÉAL, QUEBEC
May 28, 1997
Certified true translation
A. Poirier
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: IMM-4832-96
STYLE OF CAUSE: EVGENY METELNITSKY,
LUDMILA METELNITSKY,
VALERY METELNITSKY,
Applicants,
AND:
MINISTER OF CITIZENSHIP AND
IMMIGRATION,
Respondent.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 26, 1997
REASONS FOR ORDER BY: THE HONOURABLE MR. JUSTICE NOËL
DATE OF REASONS FOR ORDER: May 28, 1997
APPEARANCES: Michel Lebrun for the Applicants
Ian Hicks for the Respondent
SOLICITORS OF RECORD:
Michel Lebrun for the Applicants
Montréal, Quebec
Ian Hicks for the Respondent
Department of Justice Canada
Montréal, Quebec
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