Flores v. Canada (Ministre de la Citoyenneté et de l'Immigration), docket IMM-40-97

     IMM-40-97

BETWEEN:              CAROLINA DEL CARMEN MARTINEZ FLORES,

     Applicant,

             AND:

             MINISTER OF CITIZENSHIP AND

             IMMIGRATION,

     Respondent.

     REASONS FOR ORDER

NOËL J.

     Counsel for the applicant erred in asking that his motion be heard under Rule 324, and the prothonotary should not have agreed to dispose of it under that Rule since an oral hearing was requested in respect of one of the two arguments stated in support of the motion. Accordingly it was not advisable to proceed under Rule 324.

     The decision of the prothonotary is therefore set aside and the applicant is free to resubmit her motion for an extension of time to be heard at a hearing. Since the prothonotary has already ruled on the issue to be decided, the motion will have to be heard by someone else.

                                 Marc Noël

                                 Judge

MONTRÉAL, QUEBEC

May 28, 1997

Certified true translation

C. Delon, LL.L.

     Federal Court of Canada

     Court file No. IMM-40-97

between

     Applicant,

             AND:

     MINISTER OF CITIZENSHIP AND

     IMMIGRATION,

     Respondent.

     REASONS FOR ORDER