Date: 20000804
Docket: T-1857-99
BETWEEN:
LEON LLOYD EAST
Applicant
-and-
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] A notice of status review was sent to the Applicant which indicated he was to show cause why his application should not be dismissed for delay. That means to give some reason why he did not bring matters to the hearing stage within the time allowed by the Court Rules and also to give some reason why he should be allowed to continue with his application. I would have expected such reasons and also an indication of what steps he intended to take and when he intended to take them. Instead, he has filed what amounts to a requisition for a hearing.
[2] The last step taken before the notice of status review was sent out was the filing of the Applicant"s affidavit in support of his application on the 23rd of November, 1999. The Respondent did not file any affidavit evidence and therefore there was no one for the Plaintiff to cross-examine. The Applicant should then have filed his application record (see Rule 309). The Applicant did not do so within the time allowed. Therefore, for this matter to proceed, it would be necessary for the Applicant to bring a motion for leave to file his record late explaining why he is late and that he has a possible chance of succeeding on his application and why. However, no such motion for leave can be made until the Applicant has responded to the notice of status review and the Court has decided to allow the application to proceed.
[3] I intend to give the Applicant until September 1st, 2000, to respond to the notice of status review and will for that purpose adjourn the completion of the status review until after that date.
ORDER
[4] The completion of the status review herein is adjourned until after September 1st, 2000, to give the parties a further chance to respond to the notice of status review.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
August 4, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-1857-99 |
| STYLE OF CAUSE: LEON LLOYD EAST |
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
| DATED: FRIDAY, AUGUST 4, 2000 |
WRITTEN SUBMISSIONS BY: Mr. Leon Lloyd East
For the Applicant, on his own behalf
SOLICITORS OF RECORD: Leon Lloyd East
2050 Keele Street Apt # 315
North York, Ontario
M6M 3Y7
For the Applicant, on his own behalf
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20000804
Docket: T-1857-99
Between:
| LEON LLOYD EAST |
| - and - |
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
| REASONS FOR ORDER |
AND ORDER