Date: 19980310
Docket: IMM-5331-97
BETWEEN:
LAURENCE STOCKING
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] The motion before me is for an extension of time within which to file a reply. It is quite apparent that the solicitor for the Applicant departed on holiday when the Respondent's submissions must necessarily have been received, and the time for filing a reply must necessarily have expired while the solicitor was on holiday. As was pointed out in effect by the Court in Chin v. Canada (1993), 22 Imm. L.R. (2d) 136, the fact that counsel had scheduled other activities which made it impossible to enable the client to comply with the Rules does not constitute an excuse for a delay in filing.
[2] Here, there is no question that the solicitor was not taken by surprise. There is nothing set forth in the application which would in any way excuse the failure to file within time. The motion for an extension must therefore be dismissed.
ORDER
Motion dismissed.
"Peter A.K.Giles"
A.S.P.
Toronto, Ontario
March 10, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-5331-97
STYLE OF CAUSE: LAURENCE STOCKING
- 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: MARCH 10, 1998
SOLICITORS OF RECORD:
Mr. Mark Mattson
Barrister & Solicitor
82 Kendal Avenue
Toronto, Ontario
M5R 1L9
For the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980310
Docket: IMM-5331-97
Between:
LAURENCE STOCKING
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER