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Date: 19980512


Docket: IMM-5430-97

BETWEEN:

     ENRICO VILLANUEVA VALDEZ

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR ORDER AND ORDER

GILES, A.S.P.:

[1]      Notwithstanding the fact that counsel for the Minister agreed to an extension of time for the applicant to file his record, counsel for the applicant resists an extension of time for the respondent to file a Memorandum of Argument. It is noted by the applicant's solicitor, that the respondent's solicitor did not start to draft the respondent's memorandum until the penultimate day, a Sunday. It appears additional instructions were required, which were applied for on the last day. The instructions were not received for two weeks, and it took a further 10 days to file this motion. The delays are not explained. No doubt the respondent was entitled to prepare submissions on the Sunday proceeding their due date, but in doing so, gambled that something would not go wrong. Something unparticularized did.

[2]      The respondent has exhibited to the affidavit filed in support of this motion, the very submissions for which an extension is sought. The respondent should not be permitted to file indirectly what it cannot file directly.

     ORDER

     The Registry is ordered to remove the affidavit of Lani VanderVeen, sworn the 21 st of April, 1998, from the public file, and place it in a sealed envelope marked "Sealed by Order of Giles, A.S.P., dated May 12, 1998 for use in connection with the respondent's motion filed April 24th, 1998".

     The motion for an extension of time is dismissed without prejudice to the respondent's right to reapply on or before May 22nd, 1998 with proper supporting materials.

"Peter A.K. Giles"

                                 A.S.P.

Toronto, Ontario

May 12, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

DOCKET:                  IMM-5430-97

STYLE OF CAUSE:              ENRICO VILLANUEVA VALDEZ

                     - and -

                     THE MINISTER OF CITIZENSHIP

                     AND IMMIGRATION

CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.

REASONS FOR ORDER

AND ORDER BY:              GILES, A.S.P.

DATED:                  MAY 12, 1998

SOLICITORS OF RECORD:

                     Mr. Peter F. Haber

                     Barrister and Solicitor

                     Suite 302

                     120 Carlton Street

                     Toronto, Ontario

                     M5A 4K2

                         Solicitor for the Applicant

                     No solicitor of record

                         For the Respondent


                          FEDERAL COURT OF CANADA

     Date: 19980512

                         Docket: IMM-5430-97

                         Between:

                         ENRICO VILLANUEVA VALDEZ

                                 Applicant

                         - and -

                         THE MINISTER OF CITIZENSHIP

                         AND IMMIGRATION

                         Respondent

                        

            

                         REASONS FOR ORDER AND ORDER

                        

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