Date: 19980311
Docket: IMM-2758-97
BETWEEN:
PETER PAUL ZLATOHLAVY
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] The motion before me seeks an extension of time within which to file the Applicant's Record. This motion cannot yet be granted. On January 29th, 1998, the Applicant was directed by Mr. Justice Nadon to file another motion for an extension of time to file his record with substantiating affidavit evidence. This motion would have had to deal with the delays prior to January 29th, 1998 as well as the existence of an arguable case for leave at that time.
[2] The motion before me filed during the Applicant's lawyer's hospitalization seeks an extension of time to file the Applicant's Record and evidence fact that the lawyer was hospitalized at some time after January 29th, 1998. It does not purport to address the delays before the lawyer's hospitalization. The lawyer's hospitalization without doubt is a sufficient reason to extend the time for complying with the direction of Mr. Justice Nadon. Therefore, I will now extend the time within which to file a new motion for an extension of time within which to file the Applicant's Record until June 1st, 1998. On or before that date, the Applicant is to file the motion and substantiating affidavit mentioned in the direction of Mr. Justice Nadon. In that new motion, the applicant will have to justify all of the delays prior to January 29th, 1998 and show that he has an arguable case for leave. After the Applicant has filed the Notice of Motion directed by Mr. Justice Nadon, the Minister shall have 14 days after service of the new Notice of Motion on him to file any responding materials opposing or consenting to the extension of time to file the Applicant's Record.
ORDER
The time for filing the new Notice of Motion mentioned in the direction of Mr. Justice Nadon of January 29th, 1998 is extended to June 1st, 1998. The Minister shall have 14 days after service of that new Notice of Motion on him to file any responding materials.
"Peter A.K.Giles"
A.S.P.
Toronto, Ontario
March 11, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: IMM-2758-97
STYLE OF CAUSE: PETER PAUL ZLATOHLAVY
- 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: MARCH 11, 1998
SOLICITORS OF RECORD:
John V. Stephens, Q.C.
Suite 407
1280 Finch Avenue West
North York, Ontario
M3J 3K1
For the Applicant
Paul J. French, Esq.
Hughes, Amys,
Barristers & Solicitors
1 First Canadian Place,
Suite 5050, Box 401
Toronto, Ontario
M5X 1E3
Agents for John V. Stephens, Q.C.
Solicitor for the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980311
Docket: IMM-2758-97
Between:
PETER PAUL ZLATOHLAVY
Applicant
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER