Date: 19980407
Docket: IMM-4470-97
BETWEEN:
MARIA KITSAK
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] The motion before me for an extension of time within which to file the Applicant's Record indicates that a snow storm on the weekend preceding Monday the 23rd of March, 1998 made it impossible for the person responsible for assembling the record to attend the office; and therefore, the record was not served and filed on the Monday. By a copy of a letter dated November the 24th, 1997, which was received at the Federal Court Registry on the same day, reasons for the order sought to be revived were forwarded to the applicant. In such circumstances I must assume they were received in ten days and that the 30 day period for filing the Applicant's Record (not having counted the Christmas vacation) expired on January 21, 1998. From the material before me it is apparent that the applicant had assumed his record was not to be filed until March 23rd but has given no indication as to why.
[2] Even if a snow storm on the weekend before March 23rd precluded assembling the record before the Monday and that it therefore could not be assembled, served and filed during business hours on Monday March 23rd, no attempt has been made to excuse the failure to file by January 21st or for the two month delay thereafter.
[3] In addition to justifying all of a delay, the applicant must show that he has an arguable case for leave. No attempt has been made to show the existence of facts on which an arguable case could be based. The application for an extension of time must therefore be dismissed.
ORDER
Motion dismissed.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
April 7, 1998
FEDERAL COURT OF CANADA
Date: 19980407
Docket: IMM-4470-97
BETWEEN:
MARIA KITSAK
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-4470-97
STYLE OF CAUSE: MARIA KITSAK
-and-
| 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 7, 1998
SOLICITORS OF RECORD: Mr. Davies Bagambiire
Barrister and Solicitor
347 Bay Street, Suite 502
National Building
Toronto, Ontario
M5H 2R7
For the Applicant
Mr. George Thomson
Deputy Attorney General
of Canada
For the Respondent