Date: 19990827
Docket: IMM-2569-99
BETWEEN:
JIN ZU MING
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.:
[1] The Crown became aware of this application for judicial review when served with the notice of application in May, 1999. On May 24, 1999 counsel for the Crown attempted to obtain a detailed summary from the visa officer involved. Such summary was not provided until July 13, 1999. In two days, counsel prepared an affidavit for the visa officer who departed for holiday on July 16, 1999 without swearing the affidavit due to be filed July 19, 1999.
[2] The material filed in support of this motion for an extension of time indicates why counsel for the respondent was unable to file the affidavit on time. It is not sufficient to excuse any conduct of counsel which here is not under review. What is needed before a time can be extended is some reason or excuse for the failure of the client to arrange for the material to be available when needed for filing.
[3] In addition to excusing the delay, the party must also show that an arguable case exists. No attempt has been made to do so. I will delay consideration of this motion to give the respondent an opportunity to provide further evidence which may be done before September 15, 1999. Thereafter, the applicant shall have ten days to respond.
[4] In the meantime, it is ordered that the time for completing the further steps in the application is extended until after the final disposition of this motion at which time the times for further service will be established.
ORDER
The time limits set out in Rules 308, 309 and 310 are extended to a date to be established when the motion for extension of time under Rule 307 has been finally disposed of.
"Peter A.K. Giles"
A.S.P.
TORONTO, ONTARIO
August 27, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-2569-99 |
| STYLE OF CAUSE: JIN ZU MING |
| - 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: THURSDAY, AUGUST 12, 1999
| WRITTEN REPRESENTATIONS BY: Mr. Cecil L. Rotenberg, Q.C. |
For the Applicant
Mr. Ian Hicks
For the Respondent
| SOLICITORS OF RECORD: Cecil L. Rotenberg, Q.C. |
Barrister & Solicitor
255 Duncan Mill Road
Suite 808
Don Mills, Ontario
M3B 3H9
| For the Applicant |
| Morris Rosenberg |
Deputy Attorney General of Canada
For the Respondent
| FEDERAL COURT OF CANADA |
Date: 19990827
Docket: IMM-2569-99
Between:
| JIN ZU MING |
Applicant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |
| AND ORDER |