IMM-40-97
BETWEEN: CAROLINA DEL CARMEN MARTINEZ FLORES,
Applicant,
AND:
MINISTER OF CITIZENSHIP AND
IMMIGRATION,
Respondent.
REASONS FOR ORDER
NOËL J.
Counsel for the applicant erred in asking that his motion be heard under Rule 324, and the prothonotary should not have agreed to dispose of it under that Rule since an oral hearing was requested in respect of one of the two arguments stated in support of the motion. Accordingly it was not advisable to proceed under Rule 324.
The decision of the prothonotary is therefore set aside and the applicant is free to resubmit her motion for an extension of time to be heard at a hearing. Since the prothonotary has already ruled on the issue to be decided, the motion will have to be heard by someone else.
Marc Noël
Judge
MONTRÉAL, QUEBEC
May 28, 1997
Certified true translation
C. Delon, LL.L.
Federal Court of Canada
Court file No. IMM-40-97
between
CAROLINA DEL CARMEN MARTINEZ FLORES, |
Applicant,
AND:
MINISTER OF CITIZENSHIP AND
IMMIGRATION,
Respondent.
REASONS FOR ORDER
FEDERAL COURT OF CANADA |
NAMES OF COUNSEL AND SOLICITORS OF RECORD |
COURT FILE NO: IMM-40-97 |
STYLE OF CAUSE: CAROLINA DEL CARMEN MARTINEZ FLORES, |
Applicant, |
AND: |
MINISTER OF CITIZENSHIP AND |
IMMIGRATION, |
Respondent. |
PLACE OF HEARING: Montréal, Quebec |
DATE OF HEARING: May 26, 1997 |
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE NOËL |
DATED OF REASONS FOR ORDER: |
May 28, 1997 |
APPEARANCES: Michel Lebrun for the applicant |
Ian Hicks for the respondent |
SOLICITORS OF RECORD: |
Michel Lebrun for the applicant |
Montréal, Quebec |
Ian Hicks for the respondent |
Department of Justice Canada |
Montréal, Quebec |