Date: 19980930
Docket: IMM-3012-98
BETWEEN:
JUSTO DAVID TELLO MANRIQUEZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] The applicant's solicitor filed the application record on July 17th, 1998. It then became probable that the respondent's submissions would be filed on or before August 17th, 1998. When leaving for vacation on August 9th, 1998 it was more than probable that any reply would be due before the solicitor returned from holiday. Under the Immigration Rules and now under Federal Court Rules it is not open to the solicitors for party to effectively agree to more than the most nominal extensions of time. As pointed out in Chin v. MEI (1993) 22 IMM.L.R. (2d) 136 the time limits set in the rules are meant to be complied with. In that case a break of less than a week was under consideration. It is difficult for a single practitioner to take any meaningful holiday now that the traditions of Long Vacation are no longer observed. Until those desiring a change can arrange for a change in the rules, they will have to arrange for someone to cover if they wish to be away.
[2] That being said I note that the respondent's counsel consents to the requested extension, and that a reply is involved, and not an application record. I also note that only a few days expired before the motion was made. I therefore intend to grant the request.
ORDER
The time for filing a reply is extended to October 13th, 1998.
"Peter A.K. Giles" A.S.P.
TORONTO, ONTARIO
September 30, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3012-98
| STYLE OF CAUSE: JUSTO DAVID TELLO MANRIQUE |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 369.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: WEDNESDAY, SEPTEMBER 30, 1998
SOLICITORS OF RECORD:
Patricia Wells
Barrister & Solicitor
344 Dupont Street, Suite 306
Toronto, Ontario
M5R 1V9
For the Applicant
| Morris Rosenberg |
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980930
Docket: IMM-3012-98
Between:
| JUSTO DAVID TELLO MANRIQUEZ |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER