Date: 19980415
Docket: IMM-207-98
BETWEEN:
ARTHUR JHOLY NTHOUBANZA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] The applicant here failed to file his reply because his solicitor had something else to do to which he gave priority.
[2] The something else was filing an application record in another file. It is quite apparent that the record to be filed was not ready because the applicant's solicitor had been awaiting approval by Legal Aid. It is at least implied that he would have been quite prepared to abandon his other client had Legal Aid not been forthcoming. When Legal Aid was forthcoming in the other file, this client was put at risk.
[3] Espinoza v. Minister of Employment and Immigration (1992), 142 N.R. 158 (F.C.A.) and Mendoza v. Canada (Secretary of State) (1994), 24 Imm. L.R. (2d) 317 indicate that a delay awaiting Legal Aid is only an excuse if Legal Aid is shown to have been promptly applied for and the delay not to be reasonably anticipated. Mendoza also indicates that counsel's workload is not an excuse. In Chin v. Canada (Minister of Employment & Immigration) (1993), 22 Imm. L.R. (2d) 136 it was also pointed out that the counsel's workload provides no excuse for failure to file a record on time.
[4] The solicitor is fortunate that he practices in Ontario, where enough similar situations have apparently passed uncommented upon by the Law Society to indicate that such conduct is no longer adversely considered by that body. The client is fortunate in that counsel for the Crown has consented to the late filing of the reply. The motion for an extension of time was filed on the day after the reply should have filed, and the reply itself was ready late on the day for filing. I will therefore extend the time for filing the reply.
ORDER
The reply, a copy of which was served may now be filed.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
April 15, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-207-98
STYLE OF CAUSE: ARTHUR JHOLY NTHOUBANZA
- 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: APRIL 15, 1998
SOLICITORS OF RECORD:
Michael Crane
Barrister and Solicitor
Suite 200
166 Pearl Street
Toronto, Ontario
M5H 1L3
Solicitor for the Applicant
No solicitor of record
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980415
Docket: IMM-207-98
Between:
ARTHUR JHOLY NTHOUBANZA
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER