Canada (Minister of Citizenship and Immigration) v. Seneca (T.D.) [1998] 3 F.C. 494
IMM-2836-97
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Applicant,
- and -
DANILO RAMOS SENECA,
Respondent.
REASONS FOR ORDER
REED J.
The applicant filed a letter on July 24, 1997 seeking orders from the Court by way of a Rule 324 procedure, that is without personal appearance. The motion enclosed with that letter sought an order for substitutional service and an extension of time within which to effect that service. The motion is replete with error. In the first place, it purports to be made on behalf of "the respondent", yet it is the respondent with respect to whom substitutional service is being sought. Secondly, it seeks leave to substitutionally serve an "Originating Notice of Motion", the document that it is sought to serve is a "Application for Leave and for Judicial Review". Thirdly, by the time submissions had been received and the motion placed before the Court, the respondent had filed a Notice of Appearance, the applicant had filed his Application Record and the respondent has responded thereto. I informed the Registry Officer that the motion should be returned to the applicant and attention called to some of these errors. I assumed that the motion would then be withdrawn.
Counsel for the applicant responded to the notice from the Registry by asking if the Court would consider it appropriate to withdraw the motion. Counsel for the respondent responded to this suggestion by asking the Court to deal with the applicant's 324 request as it stands. He is of the view that the subsequent actions taken by him on his client's behalf, filing a Notice of Appearance and submissions in response to the applicant's Application Record, do not supersede the earlier defects in service. I leave this to be argued at a later date.
I will dismiss the motion of July 24, 1997. I am not persuaded, however, that this has any different effect than a withdrawal of that motion by the applicant.
OTTAWA, Ontario.
September 24, 1997.
Judge
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-2836-97
STYLE OF CAUSE: M.C.I. v. DANILO RAMOS SENECA
THIS MATTER WAS DEALT WITH IN WRITING WITHOUT THE PERSONAL APPEARANCE OF COUNSEL.
REASONS FOR ORDER OF THE HONOURABLE MADAME JUSTICE REED
DATED: 24 SEPTEMBER 1997
REPRESENTATIONS BY:
Wendy Petersmeyer FOR THE APPLICANT Leigh Taylor
Charles R. Darwent FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Mr. George Thomson For the Applicant
Deputy Attorney General of Canada
FOR THE RESPONDENT
Deputy Attorney General of Canada
Darwent Law Office For the Respondent Calgary, Alberta