Date: 20001130
Docket: IMM-4761-00
BETWEEN:
AKINBODE OLUSOLA ABEGUNDE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The motion for an extension of time herein was supported by the affidavit of the applicant's own solicitor, which is not only contrary to the common law custom but is now in practice prohibited by Rule 82.
[2] The applicant's record in support of the motion contained no evidence that there was an arguable case for leave, and no indication as to how the applicant's mental condition might impugn the tribunal's procedure or decision.
[3] I do not agree with the respondent that a copy of the tribunal's reasons is necessary for a motion for extension although it might, in certain circumstances, be helpful to the Court. Similarly, an applicant's own evidence is not a sine qua non for a successful application for extension.
[4] In reply, the applicant's solicitor has made statements, which amount to evidence, which was not presented in support of the motion, are not in an affidavit and not properly reply.
[5] The motion will be dismissed, but because it may be that there is evidence of an arguable case leave will be granted for a further motion on better evidence served and filed before December 15, 2000.
ORDER
[6] The motion for an extension of time to file the applicant's record is dismissed with leave to re-apply on better evidence before 11:00 a.m. on December 15, 2000.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
November 30, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-4761-00 |
| STYLE OF CAUSE: AKINBODE OLUSOLA ABEGUNDE |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
MATTER CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GIBSON J. |
DATED: THURSDAY, NOVEMBER 30, 2000
| WRITTEN SUBMISSIONS: Ms. Stella Irah Anaele |
| For the Applicant |
| Ms. Catherine Vasilaros |
| For the Respondent |
| SOLICITORS OF RECORD: Stella Irah Anaele |
| Barrister & Solicitor |
| 296 A Wilson Avenue |
| North York, Ontario |
| M3H 1S8 |
| For the Applicant |
| Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20001130
Docket: IMM-4761-00
Between:
| AKINBODE OLUSOLA ABEGUNDE |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |
| AND ORDER |